The importance of general assemblies in the management and decision-making processes of companies in Türkiye is undeniable. However, geographic distances, time constraints, or extraordinary circumstances such as pandemics can make physical attendance difficult. In this regard, with the advancement of technology, virtual general assemblies provide significant convenience and efficiency in the operations of companies. For companies operating in Antalya, virtual general assemblies offer a practical solution that saves both time and money. In this article, we will discuss the key considerations regarding the organization of virtual general assemblies in Antalya’s corporate law.
Legal Basis for Virtual General Assembly Meetings
Turkish Commercial Code No. 6102 (TCC) contains detailed regulations regarding the conduct of general assembly meetings. However, the current version of the TCC does not fully adapt to technological advancements. Therefore, the legal basis for virtual general assembly meetings is interpreted based on the general principles of the TCC and other relevant legislation. In particular, the TCC’s flexible provisions regarding the calling and holding of general assembly meetings facilitate the use of virtual environments. The crucial point is that the meeting be held in accordance with legal requirements and that the rights of all stakeholders be protected.
Organizing the Virtual General Assembly Meeting
Holding a virtual general assembly meeting requires careful planning and preparation. First, the reliability and adequacy of the platform on which the meeting will be held must be verified. The platform must ensure that participant identities are verified, voting is conducted, and meeting records are securely maintained.
Meeting Invitation and Information
The call for a virtual general assembly meeting must be made in accordance with the procedures set forth in the Turkish Commercial Code (TTK). The call must clearly state the purpose, date, time, location (including the address and contact information of the virtual platform), agenda, and participation method of the meeting. Furthermore, detailed information should be provided regarding how participants can access the meeting and vote. Complete and understandable information is crucial for the validity of the meeting.
Identity Verification and Voting Process
Verifying the identities of participants is crucial in virtual general assembly meetings. This process should be performed using a reliable authentication system. The voting process must also be transparent and secure. The voting system must ensure a single vote per stakeholder and ensure confidentiality. Voting results must be accurately and reliably recorded and documented.
Meeting Records and Minutes
All stages of the virtual general assembly meeting must be recorded using methods such as video or audio recording. Meeting minutes must be prepared in accordance with the principles set forth in the Turkish Commercial Code (TTK). The minutes must accurately and completely reflect the meeting date, time, location, participants, agenda items, decisions taken, and voting results. These records serve as important evidence in the event of any potential disputes.
Advantages of Virtual General Assembly Meetings
Virtual general meetings offer many advantages over traditional meetings. These include reduced costs (travel, accommodation, etc.), time savings, elimination of geographic restrictions, greater participation, and an environmentally friendly approach. Virtual general meetings can provide significant productivity gains, especially for companies with stakeholders spread across a wide geographical area, such as Antalya.
Points to Consider in Virtual General Assembly Meetings
To ensure the legal validity and reliability of virtual general assembly meetings, it is necessary to take certain considerations. These include selecting a reliable platform, using an effective identity verification system, maintaining a transparent and reliable voting process, maintaining detailed records, and taking precautions against potential technical issues. Furthermore, it is crucial to comply with relevant legislation at all stages of the meeting and protect the rights of stakeholders. In the event of any legal dispute, it is necessary to prove that the meeting was held in accordance with legal requirements. Therefore, seeking professional legal support is crucial for the smooth running of virtual general assembly meetings.
For companies operating in Antalya, virtual general assembly meetings offer a way to make company management more efficient and effective by leveraging the opportunities offered by today’s technology. However, it is crucial that they be held in accordance with legal requirements and take precautions against potential problems. Seeking support from an expert legal advisor in this regard will be crucial for protecting company rights and minimizing potential risks.