NEWSLETTER-2017

26 NEWSLETTER 2017 is possible for the relevant new balance sheet to be prepared through the revision of the previous balance sheet’s values; in other words, through the exercise of the facilitated inventory method stipulated under Article 67 of the TCC, or the methods that facilitate valuation, as stipulated under Article 81 of the TCC 7 . The contents of the statement to be prepared by the board of di- rectors are regulated under Article 457/2 of the TCC. According to this provision, in the event of a capital increase through internal resources, the statement shall include a guarantee regarding the resources, by which the capital increase is covered, the actuality of these resources, and proof of their existence within the assets of the company. Further- more, documented and justified explanations shall be made regarding freely-usability of the funds and reserve funds converted into capital, obtainment of the approvals from the required bodies and institutions, fulfilment of legal and administrative requirements, justifications if the pre-emptive rights are restricted or removed, its amount and rate and to whom, why and for what amount the unexercised pre-emptive rights are granted. Furthermore, pursuant to Article 73 of the Trade Registry Regulation 8 , it is required to provide a certified public ac- countant or independent accountant and financial advisor report or, for the companies subject to audit, an audit report, with regards to whether or not the capital is unrequited, determination of the company’s equity capital, and whether or not the amount covered through the internal resources is actually available within the company. Procedure for Capital Increases through Internal Resources Requirement of full payment of the previous capital for the capi- tal increase through capital commitment is not sought for the capital increase through internal resources. This being said, there are also cer- tain procedural rules to be followed in the process of capital increases through internal resources. These rules are listed under Article 462/3 of the TCC: 7 Preamble of Article 462 of the TCC. 8 Official Gazette January 27, 2013, No. 28541. Regulation entered into force on the date of its publication.

RkJQdWJsaXNoZXIy MjUzNjE=