NEWSLETTER-2017
36 NEWSLETTER 2017 numbered 6102 2 (“TCC”), it would not be appropriate to regulate a voting agreement under the articles of association 3 . Voting agreements are usually classified by legal scholars in several groups in terms of obligations of the parties, capacities of the parties to the agreement, and continuity of the voting undertaking 4 : (i) In terms of obligations of the parties: • Unilateral voting agreements: Only one party gives an undertaking as to its voting right. • Reciprocal voting agreements: Both parties give an undertaking to each other as to voting in a certain direc- tion. • Multilateral voting agreements: Two or more share- holders give an undertaking as to voting in a certain direction. (ii) In terms of capacities of the parties: • Voting agreements between the shareholders. • Voting agreements between the shareholders and third parties. • Voting agreements between the shareholders and the company. (iii) In terms of continuity of the voting undertaking: • Non-continuous (one-time) voting agreements: Par- ties give a voting undertaking for a specific general assembly meeting or a specific agenda item of a general assembly meeting. 2 TCC (Official Gazette 14.02.2011, No. 27846) has entered into force on July 1, 2012. 3 Ünal Tekinalp, Sermaye Ortaklıklarının Yeni Hukuku, Updated 4 th ed., p. 372. 4 For more information on the types of voting agreements, please see Moroğlu, p. 34 ff.
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