{"title":"根据最高法院的判决转让有限公司的注册资本股份","authors":"Murat Türe","doi":"10.54049/taad.1139373","DOIUrl":null,"url":null,"abstract":"In this study, doctrinal views and Supreme Court Decisions regarding the transfer of share of capital in the limited liability company has been examined. One of the most important changes that took place in a limited company is the regulations regarding the transfer of the capital share. In a limited company, share of capital is an asset value and a legally transferable right. One of the transition states of the capital share is the transfer of the share. After the limited company is established, it may not continue with the same partners. In this case, the transfer of shares in a limited company is made between the partners and third parties within the framework of the provisions of the TCC. The form of transfer of share of capital, the preparation of the share of capital transfer agreement, the notary approval of the signatures of the parties, the notification of the transfer of the share to the company, the approval of the transfer of the share by the general assembly, the registration of the transfer of the share in the share book, registration and announcement in the trade registry. In this study, the transfer of the registered capital share is examined, the provisions regarding the inheritance, the property regime between the spouses or the cases of passing the original capital stock share through execution are not examined.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"125 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Transfer of Registered Capital Shares in the Limited Company in the Light of Supreme Court Decisions\",\"authors\":\"Murat Türe\",\"doi\":\"10.54049/taad.1139373\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In this study, doctrinal views and Supreme Court Decisions regarding the transfer of share of capital in the limited liability company has been examined. One of the most important changes that took place in a limited company is the regulations regarding the transfer of the capital share. In a limited company, share of capital is an asset value and a legally transferable right. One of the transition states of the capital share is the transfer of the share. After the limited company is established, it may not continue with the same partners. In this case, the transfer of shares in a limited company is made between the partners and third parties within the framework of the provisions of the TCC. The form of transfer of share of capital, the preparation of the share of capital transfer agreement, the notary approval of the signatures of the parties, the notification of the transfer of the share to the company, the approval of the transfer of the share by the general assembly, the registration of the transfer of the share in the share book, registration and announcement in the trade registry. In this study, the transfer of the registered capital share is examined, the provisions regarding the inheritance, the property regime between the spouses or the cases of passing the original capital stock share through execution are not examined.\",\"PeriodicalId\":106262,\"journal\":{\"name\":\"Türkiye Adalet Akademisi Dergisi\",\"volume\":\"125 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-07-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Türkiye Adalet Akademisi Dergisi\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.54049/taad.1139373\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Türkiye Adalet Akademisi Dergisi","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.54049/taad.1139373","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Transfer of Registered Capital Shares in the Limited Company in the Light of Supreme Court Decisions
In this study, doctrinal views and Supreme Court Decisions regarding the transfer of share of capital in the limited liability company has been examined. One of the most important changes that took place in a limited company is the regulations regarding the transfer of the capital share. In a limited company, share of capital is an asset value and a legally transferable right. One of the transition states of the capital share is the transfer of the share. After the limited company is established, it may not continue with the same partners. In this case, the transfer of shares in a limited company is made between the partners and third parties within the framework of the provisions of the TCC. The form of transfer of share of capital, the preparation of the share of capital transfer agreement, the notary approval of the signatures of the parties, the notification of the transfer of the share to the company, the approval of the transfer of the share by the general assembly, the registration of the transfer of the share in the share book, registration and announcement in the trade registry. In this study, the transfer of the registered capital share is examined, the provisions regarding the inheritance, the property regime between the spouses or the cases of passing the original capital stock share through execution are not examined.