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- Title
EŞİT SERMAYE PAYINA SAHİP (50:50) İKİ KİŞİLİK SERMAYE ŞİRKETLERİNDE KİLİTLENMELERİN ÇÖZÜMÜ AMACINA YÖNELİK RADİKAL BİR ÇÖZÜM MEKANİZMASI: SHOOT-OUT KLOZLARI.
- Authors
ÖZDİN, Üyesi Funda
- Abstract
In company structures where the capital is formed by two shareholders with equal participation (50:50), the inability to resolve conflicts of interest or differences of opinion on important issues that arise between the shareholders within a reasonable period of time causes the company to be locked (Patt) both in terms of decision-making and transaction. The fact that the existing legal regulations are not sufficient to effectively and smoothly resolve the deadlocks that occur in such company organizations has led to the development of a number of contractual solution mechanisms that are used in practice in such cases. In this article, Shoot-Out Clauses are analyzed as a solution mechanism developed for this purpose, which can be said to have more radical effects compared to similar mechanisms. It should be noted at the outset that this mechanism is more favourable than call and put options, which are a similar resolution mechanism, due to its unique mode of operation, particularly in overcoming deadlocks in two-person companies with equal capital ratios. This article briefly explains how Shoot-out clauses work; it discusses the advantages and risks and establishes provisions for contract regulation.
- Publication
Banking & Commercial Law Journal / Banka ve Ticaret Hukuk Dergisi, 2024, Vol 39, Issue 4, p1073
- ISSN
1300-1396
- Publication type
Article