Halka Açık Şirketlerdeki İmtiyazların SPK Tarafından Kaldırılmasına İlişkin Düzenlemenin Analizi

Anahtar kelimeler: sermaye piyasası kanunu, halka açık şirketler, imtiyazlar, imtiyazların kaldırılması.

ABSTRACT…

According to Article 28/2 of the Capital Market Law numbered 6362, “Without prejudice to the circumstances where their activities render it reasonable and compulsory, in the framework of the principles determined by the Board, privileges concerning voting right and representation in the board of directors shall be removed by a decision of the Board in publicly-held corporations which have had losses consecutively for five years according to financial statements prepared in accordance with the legislation. In cases where the related privileged shares belong to public institutions and organisations, this provision shall not be applicable”. In our study, the scope and conditions of implementation of that article and relating to said controversial issues are examined. It must be stated this article is quite new in terms of Turkish capital markets law. In this regard, the issue has been tried to be examined in full detail. Thus, it is aimed to contribute to doctrine and practice. …

Keywords: capital market law, publicly-held companies, privileges, the abolition of privileges. …