NEWSLETTER-2017

70 NEWSLETTER 2017 Judicial Review If the request is not discussed at the general assembly meeting, or is refused by the general assembly, the shareholder may seek a court order on this issue. The examination of the court is not limited to the investigation of the justness of the reasons for refusal which the managers have put forward. In contrast, the court determines whether the shareholder has the right to information and inspection during the examination. Pursuant to Art. 1521 of the TCC, the case is a summary proceed- ing, and the decision of the court is final. If the use of the right is still refused despite the court’s decision, the court decision shall be enforced by enforcement officers. The TCC does not set out the stat- ute of limitation that applies to this proceeding; therefore, the general provision of the statute of limitation in Art. 147/4 of the Turkish Code of Obligations, which is five years, shall apply. Conclusion The right to information and inspection is of great importance in terms of using other partnership rights, and auditing the company’s activities. Shareholders may respectively apply to the managers, the general assembly, and the court to exercise this right, and may request information and inspection on all business matters and accounts of the company.