Abstract:

One of the important innovations brought by 6102 numbered Turkish Commercial Code in terms of the law of limited company partnerships law is the additional payment obligation. The additional payment is an obligation brought except the main capital payable which is the main payables of the partners in the limited company. The additional payment obligation can be envisioned depending on the main share and only with the deed of partnership. The additional payment obligation which is brought with the deed of partnership is demanded by the manager/managers in cases of occurring the conditions envisaged in the law and is fulfilled by means of making cash payment to the partnership. The additional payment obligation is an institution developed with the aim of helping the partnership to get out of the bad financial situation by means of closing the budget deficit. Together with that, in the discussions regarding the Swiss and the Turkish laws, it has been indicated that the new judgments are flexible regarding the additional payment obligation, and the purpose of the institution is widened.

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