Anonim Ortaklıkta Gündeme Bağlılık İlkesi ve İstisnaları

Abstract

Joint-stock companies are one of the indispensable actors of economic life, which causes the unused small savings to be combined into a large capital and their effects on production are undeniably high. Due to their shareholding structure, many people can join the company as partners. Since they are capital companies, most of the joint-stock company partners are people from different professions and are not directly involved in partnership activities. What is important for these people is the return that will be reflected in the capital set for the company. Therefore, the interest to the meetings is very low, and the agenda items must be determined in order to increase participation and fully protect the rights of the shareholders. In the Turkish Commercial Code numbered 6102, the provision titled Agenda has been put into practice after a comprehensive amendment with the new regulation added to the last paragraph. One of the important innovations is the enactment of the mentality that was previously accepted by the case law and doctrine that allowed the members of the board of directors to be dismissed at every ordinary general assembly. Although there is a principle of strict adherence to the agenda in the Old Commercial Code, the exceptions brought by the Regulation on the General Assembly of Capital Companies and the Commissioners of the Ministry of Industry and Trade to Attend These Meetings published by the Ministry of Industry and Trade have lost its validity within the framework of the regulation in our new Turkish Commercial Code. . This study was prepared by taking into account the provisions of the Turkish Commercial Code, covering the agenda, the principles of commitment to the agenda and the exceptions to this principle.