In joint stock companies operating in Antalya, it is a basic principle that the decisions of the board of directors are binding for the partners of the company. However, in some cases, these decisions may be considered unlawful or contrary to the rights of the partners of the company. In such cases, the aggrieved partners may seek their rights by filing a lawsuit in the authorized courts in Antalya. As the Lawyer Arb. Billur Güler Aslım Law Firm, we support you with our expert team in this regard. In this article, we will provide detailed information about the process of filing a lawsuit against the decisions of the board of directors of a joint stock company in Antalya.
Reasons for the Board of Directors' Decisions Being Unlawful
There may be various reasons why a joint stock company's board of directors' decision may be unlawful. These reasons can be generally grouped under the following headings:
Violation of the Company's Articles of Association
The board of directors' decisions must comply with the provisions of the company's articles of association. Decisions made on a subject that is expressly prohibited or not authorized in the articles of association may be considered unlawful. For example, if the articles of association limit the authority of the board of directors for a certain investment and this limit is exceeded, the decisions made may be subject to litigation.
Violation of the Law
Board decisions must comply with the relevant Turkish Commercial Code (TTK) and other legislative provisions. Decisions that include an action expressly prohibited by law or that are taken in violation of the law may be subject to litigation. For example, decisions regarding the illegal reduction of the company's capital are considered within this scope.
Contrary to the Company's Interest
Board members have the obligation to look out for the company's interests and act in its best interest. Decisions that are against the company's interests and cause damage to the company may be subject to litigation. For example, decisions regarding the company selling its assets at unfairly low prices are within this scope.
Violation of Partners' Rights
Board decisions should not violate the rights of the company's partners. Decisions that violate the partners' fundamental rights, such as the right to vote or the right to information, may be subject to litigation. For example, preventing partners from attending the general assembly meeting or hiding important information from partners are examples of this.
The Process of Filing a Lawsuit in Antalya
The process of filing a lawsuit against a joint-stock company's board of directors' decisions begins with determining that the decision is unlawful. Then, relevant evidence must be collected and a lawsuit petition must be prepared. The lawsuit petition must explain in detail the reasons why the decision is unlawful and clearly state the lawsuit request.
Competent Court
Lawsuits filed against the board decisions of a joint-stock company in Antalya are heard in the commercial courts in Antalya. If the company's headquarters is not in Antalya, the commercial court in the company's central location may have jurisdiction.
Contents of the Petition
The petition must include elements such as the identity of the plaintiff, the identity of the defendant company, a summary of the decision in question, the reasons why the decision is unlawful, evidence and the requested demands. The petition must be legally correct and complete for the success of the case.
Importance of Evidence
During the lawsuit process, it is very important to present evidence that will prove the unlawfulness of the decision. This evidence can be in various forms such as the company contract, board of directors' decision minutes, witness statements, expert reports. As Atty. Arb. Billur Güler Aslim Law Firm, we provide you with legal support in the process of filing a lawsuit against the board of directors' decisions of joint-stock companies in Antalya. Our expert team will assist you in matters such as preparing your petition, collecting evidence and following the court process. Thanks to our experience and expertise, we ensure that you defend your rights in the most effective way. You can contact us and request a free preliminary meeting. Conclusion: In joint-stock companies, the legality of the board of directors' decisions is of great importance. You have the right to file a lawsuit against unlawful decisions. However, this process is a complex transaction that requires legal expertise. As Atty. Arb. Billur Güler Aslım Law Firm, we are ready to provide you with professional support on this issue in Antalya. Remember, it is extremely important to take the right and timely steps to protect your rights.