Abstract:

One of the most important renovations in Turkish Commercial Code No: 6102 which is considered as an opportunity to prevent the failures and abuses in our commercial law, is the provision prohibition for the members of board of directors of a joint stock company on being indebted to the company. It draws attention that this regulation, aiming to bring a professional governance concept by preventing the members of board of directors of a joint stock company from using the assets of the company as their own assets, intents to protect the same legal benefit with the articles of Banking Code No: 5411 concerning the prohibition of granting loans to the members of board of directors of a bank. In our study, regulations in both Codes have been analysed comparatively and it has been tried to clarify to what extent the related articles of Turkish Commercial Code will bring changes to the practices of our banking system.

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