NEWSLETTER-2019-metin

35 COMMERCIAL LAW TCC, there is no specific provision regarding a significant amount, how it would be determined, the scope of company asset and the nature of the wholesale. Thresholds for subject matter resolution, application of the provision to the transactions that result in the transfer of prop- erty, and application of the provision to limited liability companies, are disputed issues. The transfer of a significant amount of company asset through the board of directors’ resolution, in the absence of a general assembly resolution, is deemed invalid in the Court of Cas- sation’s rulings. However, such case law is criticized by the doctrine, and the notion of suspended invalidity is argued where it is possible for the general assembly to ratify the transaction.