Özet:

Although limited liability companies that are regulated under Turkish Commercial Code are defined as capital companies, they have also characteristics specific to private companies. In this sense, the resignation of a partner and exclusion a partner from the partnership and the financial settlement that has to be paid as compensation are included within the scope of the Code. With the legislation of TCC no. 6102, the sources which could be used for the payment of this compensation are regulated more widely to comparison the previous Commercial Code. The aim to be achieved by the Code no. 6102 is to balance the interests of the partner who resigns or is excluded, the partnership and the creditors. Another novelty of the Code no. 6102 is that the due date of the financial settlement is set according to the preferred source. The aim of this study is to examine if the goal to build a balance between the interests of the parties has been achieved as well as to clarify the due date of the financial settlement regarding the fund used for the payment.

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