Amendment to the Communiqué on the Electronic General Assembly System to be Applied in General Assemblies of Joint Stock Companies

In the Official Gazette dated July 24, 2024 and numbered 32611, Article 5 of the Communiqué on the Electronic General Assembly System to be Applied in the General Assemblies of Joint Stock Companies published in the Official Gazette dated 29/08/2012 and numbered 2839 was amended and this amendment entered into force on the date of publication.

Article 1527 of the Turkish Commercial Code No. 6102 The regulation stipulates that the board of directors and the board of managers in capital companies may be held entirely in electronic environment, provided that it is regulated in the articles of association or in the articles of association of the company, and that it may also be held through the electronic participation of some members in a meeting in which some members are physically present, and in order to be able to vote electronically, It is clearly stated that the company must have a website dedicated to this purpose, the shareholder must make such a request, the suitability of electronic media tools for effective participation must be proved by a technical report and this report must be registered and announced, and the identities of the voters must be kept. Within the framework of this article, the rules regarding the use of the vote by the real owner and the rules regarding the implementation, as well as the principles and procedures for the shareholder to instruct his/her representative through the website shall be regulated by a communiqué to be issued by the Ministry of Customs and Trade.

With the amendment published in the Official Gazette dated July 24, 2024, the time for logging into the system for electronic participation in the general assembly meeting of joint stock companies has been changed to start at 06.00 on the day of the general assembly meeting, 1 hour before the start of the meeting. However, access to the system will be possible until 5 minutes before the start time of the general assembly meeting. However, with this time change, no regulation has been made regarding the time of the general assembly meetings of foreign capital companies or the general assembly meetings held before 06.00 hours for any other reason.

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