As the Law Firm of Attorney Billur Güler Aslım, we provide solutions to the legal problems faced by companies operating in Antalya. In this article, we will provide detailed information on the validity of secret agreements made between company shareholders. Transparency and legal compliance are extremely important for companies to operate healthily and sustainably. Secret agreements can endanger these elements and lead to serious problems.
What is Collusion and Why is it a Problem?
A secret agreement refers to any agreement or understanding between shareholders of a company that is made without the knowledge or approval of other shareholders and that may affect the management or operations of the company. These agreements are usually aimed at gaining a special advantage between the parties in matters such as the distribution of the company's profits, the election of the management bodies, and the making of important decisions. The problem is that these agreements may violate the rights of other shareholders of the company and may be against the general interests of the company. This non-transparent situation can lead to injustice and loss of trust in the management of the company.
Secret Agreements Affecting Company Management
Secret agreements can manipulate the selection of the company's management bodies and decision-making processes. For example, a secret agreement between shareholders may be made to appoint certain individuals to the board of directors, which may lead to decisions being made that are against the company's interests. Such situations can negatively affect the company's financial situation and harm the rights of other shareholders.
Secret Agreements Affecting Profit Distribution
Secret agreements may lead to unfair distribution of company profits among shareholders. For example, a secret agreement among shareholders may decide to give certain shareholders more dividends than others. This violates the rights of other shareholders and may harm the general interests of the company.
Validity and Legal Consequences of Secret Agreements
The Turkish Commercial Code (TTK) and related legislation require that agreements between company shareholders be made in accordance with the principles of transparency and equality. Since secret agreements are generally contrary to these principles, they may be deemed invalid or may lead to legal sanctions. The determination of invalidity depends on the content of the agreement, the intention of the parties and its impact on the general interests of the company.
Relevant Articles of the TCC and Supreme Court Decisions
The relevant articles of the TCC and the decisions of the Court of Cassation provide important clues about the invalidity of secret agreements. In particular, the principles of ensuring transparency in company management and protecting the equal rights of shareholders are taken as a basis in the evaluation of secret agreements. In deciding on the invalidity of secret agreements, the Court of Cassation examines in detail the content of the agreement, the intention of the parties and its impact on the general interests of the company.
Cancellation of Agreement and Compensation Cases
Shareholders who are victimized by a secret agreement may file a lawsuit for the cancellation of the agreement and compensation. If the court rules that the agreement is invalid, the agreement is considered null and void and the relations between the parties are evaluated as if the agreement had not been made. Aggrieved shareholders may claim compensation for the damages they have suffered.
The Importance of Getting Legal Support in Antalya
Companies operating in Antalya should seek support from an expert lawyer when faced with legal issues related to agreements between shareholders. As Atty. Arb. Billur Güler Aslım Law Firm, we provide legal consultancy services to companies, providing support in detecting secret agreements, determining their invalidity and pursuing compensation cases. With our long-standing experience and expert staff, we work to protect the legal rights of companies and find the most accurate solutions.
Conclusion
Secret agreements between company shareholders pose a serious risk that could negatively affect company management, profit distribution and general operation. Ensuring transparency and legal compliance are essential for companies to operate healthily and sustainably. In case of any doubt, getting legal support from an expert lawyer is extremely important in terms of preventing potential problems and protecting rights. As Atty. Arb. Billur Güler Aslım Law Firm, we are happy to provide professional and reliable legal consultancy services to companies operating in Antalya on this issue.