Ortaklık haklarının elektronik ortamda kullanılması

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Date

2006

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Sosyal Bilimler Enstitüsü

Abstract

Çetin, Nusret, The Exercise of Shareholder Rights in Cyberspace, DoctorateThesis, Advisor: Prof. Dr. Asuman Turanboy, 258 p.ABSTRACTShareholders of joint stock corporations are provided with both fiduciaryand management rights. However, reluctance of shareholders of publicly heldcorporations to exercise their management rights gave rise to significant problemsof corporate control on which proposals to resolve had been inconclusive. This, asa consequence, lead to pursuits of new paths to incite shareholders to play a moreactive role in exercising their management rights. Opportunities brought on bytechnology and in particular the internet; have contributed to remove the obstaclesfor shareholders to exercise their rights actively and at low cost. Developments inthe legal area have encouraged the shareholders to use these opportunities as well.Being adequately informed of corporate actions is a prerequisite ofexercising shareholder rights actively. The opportunities offered by the internethave made it possible for the shareholders to be informed via websites, e-mail andother instruments while enhancing the communication between the corporationand its shareholders.Technology opportunities have made general meeting process andshareholder participation to these meetings easier and cheaper. With theseopportunities, instead of physical participation to the meetings which are to be heldat only a designated single place; new models of holding the meetings at more thanone place; webcasting the meetings via electronic communication means andvirtual meeting. In addition, physical participation to general meetings has beenleft to remote participation. Shareholders have been endowed with the opportunityto express their views, ask questions to the management and exercise their votingrights via remote communication.Matters with regard to these issues in Turkish legal system are currently atan embryonic stage. Nevertheless, as a consequence of making regulations andrecognizing the advantages that can be benefited through their application,exercising shareholder rights in cyberspace is expected to be introduced to Turkishsystem sooner or later.

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