NEWSLETTER-2019-metin

26 NEWSLETTER 2019 the board of directors and the election of new members are affiliated with the discussion of the year-end financial statements. A decision from the general assembly is not necessary for a post- ponement to be made as per the Article; the meeting shall be post- poned by the decision of the chairman, upon request. Article 28/3 of the Regulation explicitly states that postponement by the chairman is compulsory, if requested. All objections to be raised by the minor- ity shareholders on the financial statements must be made at the first meeting and written in the minutes. In order to postpone the discussion of financial statements again, at the second meeting following the postponement of the meeting upon request of the minority shareholders, either for the same or different reasons, the points of the financial statements that have been objected to and recorded in the minutes should not have been answered by the concerned parties in accordance with the principles of honest account- ability criterion. In that case, upon the request of postponement by the minority, the meeting shall be postponed to one month hence, once again. The principle of honest accountability constitutes clarification that covers both meticulous and truth accountability principles; there- fore, it refers to the presentation of meticulous, accurate, and true facts and outcomes that enables auditing and, therefore, allows shareholders to consciously exercise their rights 5 . (iv) For Security Reasons Article 28/5 of the Regulation regulates a postponement situa- tion that is not listed under the TCC. Pursuant to the Article, through taking the opinion of law enforcement officers and the Ministry representative, if any, the general assembly may be postponed by the chairmanship upon the understanding that the meeting cannot be held in a healthy manner for security reasons. The general assembly does not need to take a separate decision for this. As a matter of fact, the situation regulated under this Article is the situation where a general assembly meeting cannot actually be held. In such a case, the general assembly cannot be expected to take such a decision. 5 Preambles of Articles 200 and 437 of the TCC; Pulaşlı , p. 749.