Business Law Deneme Sınavı Sorusu #969819

Which of the following is one of the limitations on the decisions of the General Assembly?


The General Assembly Meeting via electronic platforms is not possible with the new TCC.

The General Assembly does not refrain from taking decisions concerning the rights with privileges.

The General Assembly should be sensitive to the minority rights more than the individual rights

The General Assembly of a joint stock company cannot take a decision on the rights of a third party

A contract made between the Company and a third party can be declared void by the General Assembly


Yanıt Açıklaması:

There are certain limitations on the decisions of the General Assembly which can be listed as in the following:
• Third Parties’ Rights: The General Assembly of a joint stock company cannot take a decision on the rights of a third party. Thus a contract made between the Company and a third party cannot be declared void by the General Assembly.
• The exclusive jurisdiction of the other organs and persons: Those duties which
are given to the Board of Managers or to other organs by the Law cannot beperformed by the General Assembly. For example, although the accountants are to be appointed by the General Assembly, the General Assembly can perform this duty but cannot replace the accountants’ financial supervision duties.
• The General Assembly should also be sensitive and refrain from violation of minority rights and the individual rights of the shareholders.
• The General Assembly should also protect and refrain from taking decisions concerning the rights with privileges.
• General Assembly Meeting via electronic platforms is also possible with the new TCC.

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