TRANSFER OF SHARES IN JOINT STOCK COMPANIES
102145113
102145113
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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