Newsletter-21

22 NEWSLETTER 2016 should not expand to a longer period that would not be able to provide the expected benefits. The preamble of the article states that the equalization may be related to a consideration that would provide the recovery of the dam- ages, such as vesting a benefit or advantage to the dependent com- pany, and explains this with various examples: Securing the provided guarantee or security with a counter guarantee and security or aval, entitling a license or trademark usage right, provision of research and development services without any consideration, provision of know- how, provision of internship and education opportunities to personnel, allowing to make use of its marketing network, transfer of an immov- able of equal value, vesting pre-emption right in the capital increase of another dependent company that was provided with benefits in return for losses to the dependent company, entitling the dependent company to rights in the conditional capital increase. Liability from Unlawful Exercise Compensation The TCC entitles all of the shareholders and creditors of the de- pendent company to claim liability of the dominant company in cases where dominance is exercised unlawfully. As explained, above, if equalization is unconcluded within such activity period, or an equal right to claim is not vested within its term, it is possible for each share- holder of the dependent company to ask the dominant company and its members of board of directors who caused the losses to compensate the losses of the dependent company. Similarly, the creditors of the dependent company may also claim payment of losses of the company to the company. For making such claim, it is not mandatory that the dependent company has declared bankruptcy. The right to claim compensation of losses from the dominant company is not vested with the dependent company, because whether or not the dependent company may file, and honestly follow such a claim against the dominant company, even if it is entitled to file, is found to be doubtful. Further, according to the preamble of the article, it is mostly argued that it is not a correct law policy to involve the