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- Title
BORÇLANMA ARACI SAHİPLERİ KURULUNUN TOPLANMASI VE KARARLARININ İPTALİ.
- Authors
KAYA, Barış
- Abstract
After the amendment made in the Capital Markets Law, an assembly was formed under the name of the debt security holders' assembly and a special communique containing detailed provisions was published by the Capital Markets Board. This amendment Communique aims to remedy the incompetence in Turkish law due to the fact that the debt security holders' assembly, which is subject to detailed regulations in international law, was not previously regulated. However, it is observed that the regulations introduced by both the Law and the Communique include some flaws and shortcomings, especially when compared with foreign country laws. In this context, it is particularly important to analyze the provisions regarding the decisionmaking of the debt security holders' assembly, which is a more problematic area. It can be said that the current regulations are intended to serve the interests of the issuing companies rather than protecting the interests of debt security holders. In addition, in the evaluation of the regulations pertaining to the debt security holders' assembly, it would be beneficial to make comparative use of the provisions pertaining to the privileged shareholders' assembly, as the latter is similar in certain respects.
- Subjects
CAPITAL market; MARKETING laws; SECURITY holders; DEBT; INTERNATIONAL law; COLLATERAL security
- Publication
Banking & Commercial Law Journal / Banka ve Ticaret Hukuk Dergisi, 2022, Vol 38, Issue 1, p123
- ISSN
1300-1396
- Publication type
Article