NEWSLETTER-2020-metin

48 NEWSLETTER 2020 owns its own shares, it is not in the shareholder status that exercises Article 437 of the TCC. In such a case, the right of the shareholder to obtain information and to examine cannot be exercised 10 . Conclusion Article 389 of the TCC stipulates that in the event the company acquires its own shares, regardless of whether the acquisition is in compliance with, or in breach of, the legal provisions, the company cannot enjoy shareholding rights. However, the Article does not make any determination with regard to the shareholder rights in question. It is explained in the preambles of the Article that this aspect is left to judicial decisions and the doctrine. 10 Dolu, Ali Murat : Anonim Ortaklıkta Pay Sahibinin Bilgi Alma ve İnceleme Hakkı, İstanbul: On İki Levha Yayıncılık, October 2017.