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TRANSFER OF SHARES IN JOINT STOCK COMPANIES

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DO<strong>IN</strong>G BUS<strong>IN</strong>ESS <strong>IN</strong> TURKEY<br />

<strong>TRANSFER</strong> <strong>OF</strong> <strong>SHARES</strong> <strong>IN</strong> JO<strong>IN</strong>T <strong>STOCK</strong><br />

<strong>COMPANIES</strong><br />

Introduction<br />

In our Corporate Setup Publications series, we examined<br />

Establishing a Joint Stock Company in Turkey. 1 In this article, we<br />

will be explaining how to transfer the shares of a Joint Stock<br />

Company (JSC) as JSC, together with the Limited Liability<br />

Company (LLC), is one of the most common forms of the<br />

commercial companies in Turkey.<br />

“In principle, both the<br />

registered and bearer<br />

shares of a JSC may be<br />

transferred freely without<br />

being subject to any<br />

restrictions. However,<br />

there are various<br />

exceptions to this rule.”<br />

In General<br />

Under Turkish law, JSCs have two types of shares: Registered<br />

shares and bearer shares.<br />

In principle, both the registered and bearer shares of a JSC may<br />

be transferred freely without being subject to any restrictions.<br />

However, there are various exceptions to this rule.<br />

Bearer Shares<br />

Under Turkish commercial law, the owner of the bearer shares of<br />

a JSC is the person who has them in his possession. 2 As a result, it<br />

is possible to transfer the bearer share of a JSC simply by<br />

delivering its possession to the transferee.<br />

It is not mandatory to register the bearer shares to the share<br />

ledger as well. In such case, it is impossible for the JSC to prohibit<br />

or limit the transfer of the bearer shares.<br />

1<br />

1<br />

For more information on the Joint Stock Company, please go to Corporate<br />

Setup at the Doing Business in Turkey section of our website.<br />

2<br />

A bearer share must be fully paid at the time of issuance.<br />

Transfer of Shares in Joint Stock Companies<br />

gurulkan & cakir

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