Özet:

T he New Turkish Commercial Code, for the first time in Turkish law, regulates the group companies. The new code, which is going to enter into force in July 2012, in terms of related regulations is substantially modeled on the German group companies law (Konzernrecht – mostly regulated in German Stock Corporation Act) and the European Law on corporate groups. However, novel solutions such as the liability due to Breach of trust are also introduced. The new regulations aim to resolve the conflict of interest between the mother company on one hand, and outside shareholders and creditors of the daughter company, on the other. The dominant characteristic of the regulations and the established systems is their explicit purpose to protect the weakens (such as daughter company, outside shareholders and creditors) with in a corporate group. The protection system is supported by disclosure and reporting requirements

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