NEWSLETTER-2020-metin

28 NEWSLETTER 2020 from any power prior to the meeting. However, in cases where there is no dismissal to this end, the scholars refer to the priority principle, and it is argued that whoever uses the right to participate in the general assembly meeting, as well as the voting right, precludes the other from exercising the same right 11 . As a second possibility, it may be considered that the shareholder exercises the voting rights arising from one part of their shares per- sonally, and have the representative exercise the voting rights arising from the remaining part of their shares. Amongst the scholars, it is argued that it is possible to represent some of the shares in person, and the remainder through their representative 12 . On the other hand, the discussion regarding whether the votes may be split by a shareholder is also valid for this scenario, as. This is because the concerns about acting in contradiction in terms of exercising the voting right, and not creating a uniform will, may also be argued in this example. Finally, it may be considered that the voting right, arising from more than one share of the shareholder, may be exercised through more than one representative. Regarding this issue, Article 18(8) of the Regulation on the Procedures and Principles of the General As- sembly Meetings of Joint Stock Companies and the Representatives of the Ministry to Attend These Meetings (“Regulation”), the mentioned paragraph of the Regulation’s provision is as follows: “It is essential that each shareholder be represented by only one person in the general assembly. However, in cases where more than one person is authorized to rep - resent, or more than one authorized persons to represent and bind legal person shareholders attend the general assembly, only one of them may vote . The authorization document must show who is authorized to vote .” In accordance with the aforementioned Regulation, it is not be possible for shareholders to be represented by more than one represen- tative who is authorized to vote in the general assembly of joint stock companies. 11 Üçışık/Çelik : Anonim Ortaklıklar Hukuku, V. 1, Ankara, 2013, p. 294. 12 Tekinalp (Poroy/Çamoğlu) , N. 982.