مرکز منطقه ای اطلاع رساني علوم و فناوري - YENI TTK’YA GÖRE ANONIM SIRKETTE SERMAYE KAYBI VE BORCA BATIKLIGIN TESPITI VE SONUÇLARI

Abstract :

The new Turkish Commercial Code brought important changes and innovations about determine and the results of capital loss and insolvency of joint stock company. The board of directors as a task to be carried out in case of capital loss and insolvency. The main purpose of the measures to be taken in case of capital loss and insolvency are to protect company s capital formation and the creditors. When determining the capital loss and insolvent, capital and legal reserve should be considered together. Thanks to this positive change will be able to take early remedial measures. If there is suspicion of insolvency, the board of directors shall prepare two different balance sheet. First one is basis of the continuity of the entity and second is the assets should be based on sales prices. But insolvency can be determined by the interim balance, which is prepared on sales prices. In case of insolvency, director board have to immediately notify to court and to ask company’s bankruptcy. The adequate amounts of creditors agree to the last row in the list, can not be decided bankruptcy. If presented a serious and credible improvement project, the court can postpone the bankruptcy of the company. Improvement projects should include objective and the real sources such as new cash input from partners. Upon the request for postponement of bankruptcy, the court shall take necessary measures for the protection of assets and must appoint a trustee to the company.