44 / 522
The application shall be made within 10 days following the rejec-
tion and within a reasonable period of time for other cases. The lawsuit
regarding the request of information and examination is subject to a
simple procedure. The application and the decision of the court shall
be based on the facts, and the information to be provided shall be spec-
ified. For instance, a determination of corruption may not be requested
as it is too general. Additionally, the decision of the court is definitive
and shall not be appealed.
Conclusion
Pursuant to the TCC, the right to request information and exami-
nation is among the “alienable rights” of the shareholders. Right to
request information may be in different forms: right of examination
before the general assembly meeting, right to request information at
the general assembly meeting; and right of examination if unsatisfac-
tory answers are given at the general assembly meeting. Turkish law
does not provide any specific provision regarding the compensation of
the directors; shareholders may obtain information on the relevant
issues within the scope of general provisions on the right to request
information. In any event, the information provided shall be in com-
pliance with the principles of accountability, as well as good faith prin-
ciples, and shall be provided duly. The shareholder who does not
obtain information may file a lawsuit with the commercial court of first
instance located at the registered office of the company and request a
decision that the relevant information be provided.
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NEWSLETTER 2015