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ARTICLE · 23 SEPTEMBER 2013

Share Transfers In Equity Companies

Although the essential principles of the Old Turkish Commercial Code are still preserved within the Law No.6102, it is apparent that the legislator aims to establish a dualist system regarding share transfers especially in Joint-Stock companies.

TurkeyCorporate/Commercial Law
Işıkal Law Office
Işıkal Law Office

As already known, "share transfers" may take place arbitrarily (due to increasing and developing needs) or compulsorily, and the essential point is through which procedures can Joint-Stock or Limited-Liability company shareholders can dispose of their shares and/or how they can achieve added value.

Although the essential principles of the Old Turkish Commercial Code are still preserved within the Law No.6102, it is apparent that the legislator aims to establish a dualist system regarding share transfers especially in Joint-Stock companies. While the uniqueness of the old structure can clearly be seen in the transfer of bearer shares, establishment of a dualist system for nominative shares is apparent in the New Commercial Code. The system, requiring company approval for especially the transfer of shares that are not fully paid for, undergoes a comprehensive revision regarding nominative shares that are and are not quoted in the stock exchange, introducing different

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