Minority Shareholder Protection: A Comparative Analysis Between the UK and Turkey

Yayınevi: Oniki Levha Yayınları
ISBN: 9786254320484
171,00 TL 190,00 TL


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Kitap Künyesi
Baskı Tarihi 2021/12
Baskı Sayısı 1
Boyut 16x24 cm (Standart Kitap Boyu)
Cilt Karton kapak
Sayfa Sayısı 280

In recent years there has been a focus on minority shareholder protection around the world. Turkey, accordingly, adopted new legislation in 2012, namely Turkish Commercial Code No. 6102. This book will reveal the situation regarding the protection of minority shareholders in Turkish company law by presenting recommendations on how to improve minority shareholder protection in Turkey based on the UK's experience. Legal protection of minority shareholders has gone through several reforms and improvements under common law until UK Companies Act 2006. Many issues have been considered in the case law and then the remedies and rights of minority shareholders have been codified. The research will focus on selected cases and examine the legislation in relation to remedies of minority shareholders in the UK and Turkey.(ARKA KAPAKTAN)

    Table Of Content

      Chapter 1
      1.1. Aims, Objectives and Scope of the Study
      1.2. Limitations of the Scope of the Study
      1.3. Significance and Contribution of the Study
      1.4. Research Questions
      1.5. Research Methodology
      1.6. Structure of the Book

        Chapter 2
        Protection of Minority Shareholders Theoretical Framework
        2.1. Introduction
        2.2. Definition of Minority Shareholders
        2.3. Majority Shareholder Abuse of Rights of Minority Shareholders or Company and the Protection from this Abuse
        2.4. Role of Protection of Minority Shareholders in Corporate Governance
        2.5. Analysis of Corporate Governance Practices and Ownership Structures of Companies
        2.6. Legal Framework of Corporate Governance and Minority Shareholder Protection in Turkish Law
        2.7. Concluding Remarks

          Chapter 3
          Mechanism for Protecting Minority Shareholders' Rights in the United Kingdom
          3.1. Introduction
          3.2. UK Minority Shareholder Protection
          3.3. Rule of Foss V Harbottle and Exceptions
          3.4. Actions for Shareholders under Common Law
          3.5. Statutory Derivative Action
          3.6. Unfair Prejudice Petition in the UK
          3.7. Winding Up Order
          3.8. Concluding Remarks

            Chapter 4
            Analysis of the Framework for Protecting Minority Shareholders' Rights in Turkey
            4.1. Introduction
            4.1. General Overview of Turkish Legal System
            4.1. Protection of Minority Shareholders in Turkey
            4.1. Strengthening the Position of Minority Shareholders by Enhancing their Rights under the Turkish Commercial Code
            4.1. Protection of Minority Shareholders under the Capital Markets Law
            4.1. Concluding Remarks

              Chapter 5
              Analysis of Fundamental Remedial Framework of Protection of Minority Shareholders within the Context of Turkish Commercial Code
              5.1. Introduction
              5.2. A Provision to Protect Minority Shareholders under TCC: Liability Claim
              5.3. Dissolution of Joint Stock Company for Just Causes
              5.4. Concluding Remarks

                Chapter 6
                6.1. Summary and Findings of the Research
                6.2. Contribution and Recommendations of the Research
                6.3. Areas of Further Research


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