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Liability of Legal Representatives of Joint Stock Companies
from Public Debts
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Prof. Dr. H. Ercument Erdem
The liability of legal persons from public debts, and the determina-
tion of the scope of this liability are of great importance in practice, since
it is possible that the public debts that cannot be collected from joint
stock companies may be collected from the legal representatives of the
company. This issue is analyzed in this article, in light of the relevant pro-
vision of Law no. 6183 on Collection Procedure of Public Receivables.
General
Reiterated Art. 35 of Law no. 6183 on Collection Procedure of
Public Receivables (“Law no. 6183”) regulates the collection of public
debts of legal persons. Pursuant to this article, public receivables that
may not be wholly or partially collected from the assets of legal per-
sons, or that possibly may not be collectable from the assets of legal
persons, shall be collected from the personal assets of legal represen-
tatives of legal persons, or of those who administer those unincorpo-
rated organizations, pursuant to the provisions of the relevant law.
Pursuant to this article, in the event public receivables cannot be
collected from joint stock companies, legal representatives of such
companies would be liable for these uncollectable debts with their per-
sonal assets.
Notion of “Legal Representative”
Initially, with the analysis of liability of legal representatives of
joint stock companies, the scope of the term “legal representative”
must be determined.
COMMERCIAL LAW
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Article of January 2015