NEWSLETTER-2020-metin

47 COMMERCIAL LAW In the doctrine, the stand of the voting rights regarding the com- pany’s own shares is associated with the concept of “suspension” in Article 198 of the TCC, and it is assumed that the voting rights of the relevant shares shall be suspended. The fact that the shares to which the voting rights pertain are not taken into consideration in the calcula- tion of the meeting quorum, means that these shares shall be deducted from the total number of shares constituting the capital, and that the meeting quorum shall be calculated with the remaining shares, and the shares of which the rights are suspended, shall be deemed as if they do not exist, and the total amount shall be reduced 8 . In terms of decision quorum, it is explained that the shares of which the voting rights are suspended shall not be taken into consid- eration in the decision quorum as well, and if there is no aggravating provision, the quorum shall be formed by the majority of the votes that may be used in the meeting 9 . Right of Obtaining Information and Examination Another right granted to the shareholder is obtaining information and examination as is stipulated under Article 437 of the TCC. In this context, the shareholders of the company are granted with the right to review certain documentation prior to the general assembly meeting and to receive information about the general meeting. In the event that the company holds its own shares, pursuant to Article 389 of the TCC, the right of examination and obtaining information, granted to the shareholders, cannot be exercised by the company. This also complies with the purpose of the right in question. The right to obtain information and examination is one of the ar- eas in which there is a conflict of interest between the company and its management and shareholders. Therefore, even though the company 8 Yanlı, Veliye : Prof. Dr. Hamdi Yasaman’a Armağan, İstanbul: On İki Levha Yayıncılık, January 2017, p. 779; Nilsson, Gül Okutan : Türk Ticaret Kanunu Tasarısı’na Göre Şirketler Topluluğu Hukuku. İstanbul: On İki Levha Yayıncılık, August 2009; Pulaşlı, Hasan : “Anonim Şirketlerde Esas Sözleşme ile Oy Hakkının Sınırlandırılması, Buna İlişkin Yöntemler ve Oyun Donduğu Haller”, Banka ve Ticaret Hukuku Dergisi, V. 33, No. 3, 2017, p. 34-36. 9 Yanlı , p. 780.