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ARTICLE · 09 SEPTEMBER 2019

Transfer Of Seized Shares

If any debtor cannot pay its debts, its creditors may initiate enforcement proceedings through seizure.

TurkeyCorporate/Commercial Law

Introduction

The questions as to whether shares are subject to seizure and, if they are, how the powers of disposition on those shares can be exercised, as well as the results of seizure on shares, are frequently discussed in both the doctrine and in the decisions of the Court of Cassation. In the examination of these subjects, different legal disciplines, such as the Turkish Commercial Code ("TCC"), the Enforcement and Bankruptcy Law ("EBL"), and the Turkish Civil Code ("Civil Code") should be evaluated, together.

Article 133 (2) of the TCC regulates that creditors, whether the debtors' shares of the creditors in stock corporations are issued as certificates or not, may request seizure and conversion into money in accordance with the provisions of the EBL on movables, and that the seizure shall be recorded in the stock ledger upon request. The stock corporations mentioned here are general partnerships, commandite, joint stock, limited liability, and cooperative

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