In Which Incorporate General Meetings Should There Be a Ministry Representative?
There should be a ministry representative in incorporate general meetings listed below and in second meetings made in the event of adjournment of these meetings;
1- In all the general meetings whose incorporation and the amendment of articles of incorporation are subject to ministerial permission,
2- In other companies, if the agenda is
2.1- Capital increase or decrease,
2.2- Switching to the registered capital system and vice versa,
2.3- The increase in the upper limit of registered capital,
2.4- The amendment in the articles of incorporation related to the alteration in the subject of activity,
2.5- Merging,
2.6- Separation,
2.7- General meetings about the change in kind of Corporation,
2.8- The general meetings of some companies which allow the authority to attend the meeting electronically,
2.9- All the general meetings done abroad,
2.10- Privileged shareholders’ special general meetings done abroad.
It is not compulsory for a ministry representative to be present at the general meetings except from the ones listed between 2.1 and 2.6 and at the privileged shareholders’ special general meetings,
Can a Ministry Representative be called in the general meetings even if it is not compulsory?
A ministry representative can be assigned if people who convene the participating committee members request and this demand are considered appropriate by the tasking authority.
For the meetings in which a ministry representative is required, the applications made directly to the participating committee for the assignment of a Ministry representative by persons other than the conveners will not be taken into consideration.
This request should be made to the company in order to present it for consideration of tasking authority on condition that the shareholders constituting 1/10 of the capital give justification. The conveners should send this request to the tasking authority.
In the meetings where a ministry representative is required, the decisions made in the absence of ministry representative are not valid.
The person, who is assigned as a ministry representative in general meeting, should be presented to the related registry of commerce.
Source: The regulations about the Ministry of Customs and Trade Representative attending to the general meetings and the procedures and principles of these meetings of Stock Companies.
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