13 COMMERCIAL LAW The invitation request is made through notary public. The fact that such a form requirement is stipulated by the law is important in terms of determining the beginning of the periods in the summons process.11 The preamble for the article includes the following: “In practice, the issues of whether or not the board of directors is applied to for summons, and the date of application, can both create problems that pose trouble with regard to the court’s permission. This is because the remedies provided by the board of directors must be exhausted for the court to give permission. In addition, any delay of the board of directors in responding is also important in terms of the court’s permission. For this reason, it has been introduced in the Draft that the summons and the request to put an item on the agenda must be made through a notary public.” Acceptance of the Request by the Board of Directors If the board of directors accepts the request made by the minority, the general assembly is invited for a meeting to be held within forty-five days at the latest. It is stated in the preamble of the article that during the period when the old law was in force, the expected benefit from the meeting had become unobtainable since the board of directors often accepted the request, but the meeting was not held for months. For this reason, the TCC now requires meetings to be held within forty-five days from the date of acceptance. The beginning of the forty-five-day period is the date of the decision of the board of directors to accept the minority’s request. This is clarified in the preamble, which states: “Determination of the beginning of the period should not be a problem. The decision date of the board of directors is the start date of the period.” Despite the acceptance of the minority’s request, if the board of directors does not make the invitation itself within forty-five days, 11 Poroy, Reha / Tekinalp, Ünal / Çamoğlu, Ersin: Ortaklıklar Hukuku, V. 1, 2014, İstanbul, p. 483. The author states that the provision of making the request through a notary public, introduced by the new law, is mandatory in terms of determining the beginning of the deadlines in the invitation process.
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