Limited Şirketlerde Ortaklıktan Çıkma ve Çıkarılma

Abstract

Limited companies are much more preferred as a company type compared to other types of companies, because of the easiness of its establishment in our country, the lower cost of establishment compared to other companies and the limited liability of the partners for the debts of the limited company pursuant to the principle of limited liability. Although these companies are assumed to be equity companies in accordance with Article 124/2 of the Turkish Commercial Code No. 6102, a limited company does not hold the qualification of a typical equity company. As distinct from an incorporated company, which is an equity company, a limited company is an equity company where the personal property of the partners of the company becomes prominent. For limited companies, the bond between the partners is tighter and the element of trust has more importance as an approaching feature to sole proprietorship. Although the company relationship constitutes a legal bond between the company and the partners, sometimes the relationship between the partner and the company can be terminated in cases where the benefit of company becomes important. For this reason, in cases where the problem can be solved by a partner’s resignation, the continuance of the company in economic life and sustainability of the company is obtained. In company law “resignation” is a top concept that includes all cases where the partner is cut off from the company and the partner's rights and obligations concerning the partnership are terminated, without causing the rescission or dissolution of the company. Therefore, it also includes separation and exclusion. The subjects of our study, the cases of resignation and exclusion can be considered types of separation. Right to resign and to be excluded from the partnership, the cases of resignation and exclusion, leaving with the right to participate and the results of the exclusion regulated in the section of termination and separation in the Turkish Commercial Code will be examined in the study.