Restriction on the Authority to Represent in Turkish Joint Stock Companies Law

Authors

  • Sıtkı Anlam Altay Assoc. Prof. Dr., Department of Commercial Law, Galatasaray University, Turkey. Author

DOI:

https://doi.org/10.26417/ejss.v2i3.p58-66

Keywords:

Joint stock corporation, representation, distinction between management and representation, internal regulations, delegation of representation authority.

Abstract

Turkish Joint Stock Corporations Law is based upon Swiss Law. Turkish Commercial Code of 2012 reflects a pure reception of the rules regarding the representation of the company from Swiss Law. However in 2014, Turkish Law has confronted the enforcement of Art. 371/7 TCC, which enables restrictions on the representation authority in terms of the material and monetary scope of the transaction. This study aims to bring a critical view of this regulation and to introduce a draft for a well-directed regulation with respect to restrictions related to power of representation.

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Published

2019-08-25