58 / 521
Conclusion
The Turkish Commercial Code No. 6102 sets forth provisions
regarding new capital types and various capital increase procedures in
order to fulfill the need for capital urgently and readily, and to render
a dynamic commercial life. The conditional capital increase is a capi-
tal increase method mostly applied by public companies whose shares
are publicly traded. Besides this, the implementation of the condition-
al capital increase has been made possible for non-public companies or
small and medium sized companies. In particular, the conditional cap-
ital increase may be implemented through the exchange of the credits
of the employees or certain creditors during the restructuring of the
companies with their right to be a shareholder in the company. This
condition, which is a new provision under Turkish law, corresponds to
the idea that the structure of companies may change quickly, in line
with the dynamism of business life.
42
NEWSLETTER 2014