Özet:

An important interception point between the provisions of Turkish Commercial Law (TCL), Number 6102, and the other special regulations regarding joint stock companies occurs at the field of group of companies. Indeed, considering that publicly held companies mostly become organized through their affiliated companies in their areas of activity, it ensues as a natural consequence that both the provisions of the Capital Market Law (CML), Number 6362, and the TCL provisions related to group of companies become applicable. In case that the affiliated company is also publicly held, an overlap takes places between the CML provisions laid down to protect shareholers of public companies and the provision laid down in Article 202 of the TCL to compensate losses of affiliated company or it’s shareholders. Article 24 of the CML and Article 202/2 of the TCL, both granting exit right to minority shareholders, is a case in point. Though there generally is a contest of rights with regard to which protecting regulation in the both Laws the shareholder would benefit, it seems to be an interesting legal problem that the shareholder requests to make use of the regulations both. In this study, it will be examined whether a shareholder used appraisal right, can also request additional damage in terms of the article 202/2 of the TCL.

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