NEWSLETTER-2017

16 NEWSLETTER 2017 directors; it may only qualify as a legal situation that would require a disciplinary action regarding the relevant institution to be initiated against the relevant person 15 . The same explanation should also apply to notaries 16 . There is no legal barrier in making a similar evaluation for limitations within the scope of Law No. 3568. In light of this evalu- ation, one should admit that the provisions under these laws should not be named as election barriers, and that they only constitute a limitation for the persons employed within the scope of such laws. Conclusion If a member of the board of directors of a joint stock company loses the legal requirements necessary for membership, such person’s membership shall automatically terminate without any further trans- action. Such situation also constitutes a barrier for election of such person. If the provisions of the special laws seek certain qualifications in the persons to be appointed as a member of a board of directors, the appointment of a person not possessing such qualifications would be null and void. On the other hand, in the event the special laws set forth a barrier for the persons employed, subject to such laws that prohibit being a member of the board of directors of joint stock companies, such situation would not have any impact on the validity of the ap- pointment, but would only cause such person to be subject to a disci- plinary action regarding the institution that he is subject to. 15 Pulaşlı, Hasan, 6102 sayılı Türk Ticaret Kanununa Göre Şirketler Hukuku Şerhi, V. 1, Ankara, 2011, p. 894. 16 Kırca (Şehirali Çelik/Manavgat), p. 413.