NEWSLETTER-2017

13 COMMERCIAL LAW knowingly or unknowingly, appoints a candidate not possessing such qualifications, the appointment resolution would be null and void, and all concerned persons would be entitled to request the court to render such resolution invalid 7 . Regulatory Provisions under Special Laws Other issues to be considered are the barriers and limitations set forth under special laws, such as Public Servants Law No. 657 8 (“PSL”), Notaries Law No. 1512 9 (“NL”), and Law on Public Ac- countancy and Certified Public Accountancy No. 3568 10 (“Law No. 3568”). These laws set forth barriers and limitations for appointment to a board of directors’ membership of joint stock companies as per the TCC, applicable to the persons employed, and who are subject to such laws. Relevant provisions and exceptions thereto are separately exam- ined, below: • Regulation under the PSL: As per Article 28/1 of the PSL, public servants cannot engage in any activity that would make them considered to be a merchant or craftsman, take office in commerce and industry facilities, or be a commerci- al representative or commercial proxy or partner in compani- es with unlimited liability, or an unlimited partner in limited partnerships that is divided into shares. In this respect, civil servants may not act as boards of directors’ members in joint stock companies. An exception to this rule is regulated under the same and second paragraphs of the Article. Duties of public servants on behalf of their institutions in the subsidiaries of the institutions that they work for, as well as memberships in 7 Çamoğlu (Poroy/Tekinalp), p. 359. 8 Several articles of the PSL (Official Gazette, 23.07.1965, No. 12056) entered into force on different dates. 9 The NL (Official Gazette, 05.02.1972, No. 14090) entered into force three months after its publication. 10 The Law No. 3568 (Official Gazette, 01.06.1989, No. 20194) entered into force through its publication.