NEWSLETTER-2021

15 COMMERCIAL LAW If the court deems that the general assembly meeting is necessary, it shall appoint a trustee to set the agenda and make the invitation in accordance with the provisions of the law. In its decision, the court indicates the duties of the trustee and the authority to prepare the necessary documents for the meeting. Unlike the case of meetings convened under Article 410/2 of the TCC, the invitation to the general assembly is not made by a right holder (a minority shareholder) but by the court (through its trustee). Pursuant to Article 412 of the TCC, the court’s decision is final. Conclusion Article 410/2 of the TCC and Article 412 of the TCC are lawsuits for shareholders (for individual shareholders in Article 410/2 and for groups of minority shareholders under Article 412) that provide the opportunity to convene the general assembly. However, in terms of both kinds of lawsuits, it is important that both the formal and material conditions expressed in the law are fulfilled. In both cases, the right holder does not have the authority to summon the general assembly directly, and it is possible to convene the general assembly only after certain conditions are met and certain stages are exhausted.

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