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Can Board of Directors Become Indebted to the Company According to Turkish Laws?

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A Member of Board cannot perform any action on behalf of himself/herself or other persons with the company without getting permission from the Board of Directors. Otherwise, The company may claim that committed action is invalid/void. The other party cannot assert this kind of a claim.

Within the scope of this prohibition;
1- A Member of Board cannot perform any action on behalf of himself/herself or other persons without getting permission from the Board of Directors; otherwise, the company may claim that commited action is invalid/void.
2- Member of Board who has no share and acquaintances/relatives of Member of Board having no share and listed in article 393 cannot become indebted (in cash) to the company. Company cannot pledge, issue guarantee, give the assurance, give any responsibilities and take over these persons’ debts. Otherwise, company’s creditors can directly pursue these persons for company debts in line with the amount that the company holds responsible.

Source: Turkish Code of Commerce

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

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