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However, as expressed above, since the institution of corporate
representation causes several problems with respect to non-public
companies, and since it would not be applied together with the new CML
in terms of public companies, the interpretations in contradiction with the
wording and spirit of the law, but which satisfy the need of the practice,
are made and thus the ideal application is reached by actually getting
around the current provision
9
.
In light of the determinations and explanations provided above, it is
obvious that the appointment of a corporate representative, introduced
by Art. 428 TCC, causes substantial problems in practice and the general
assemblies conducted by the companies face the risk of annulment due
to non-compliance with the procedures stipulated under Art. 428 TCC.
We are of the opinion that this situation which involves uncertainties and
which may cause important disputes must be urgently resolved through
the legal regulations to be made.
9
Dünya Gazette 14.03.2013 İstanbul University Law Faculty Assist. Prof. Dr.
Ali Paslı
.