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ARTICLE · 25 FEBRUARY 2015

Prohibition On Hidden Income Shifting

Prohibition on hidden income shifting is one of the most important issues that is broadly regulated under Capital Markets Law No. 6362.

TurkeyCorporate/Commercial Law

Prohibition on hidden income shifting is one of the most important issues that is broadly regulated under Capital Markets Law No. 6362 ("CML"). In conjunction with CML Article 21, which has a broader context than Article 15 of the abrogated Capital Markets Law No. 2499, another significant step has been taken regarding one of the most primary aims of the Capital Markets Board ("CMB" or "Board"), a public regulatory authority, which is to provide protection on the rights of shareholders of public companies.

By virtue of the managerial abuses of joint stock companies that are subject to the capital markets legislation, the prevention of, particularly, the potential damages of the shareholders/minority shareholders, apart from the persons or group which hold the control of the company, in other words, the account owners who are capital market investors, is the primary purpose of the CML, and one of the preeminent duties and authorities of the CMB1.

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