Newsletter-21

71 COMMERCIAL LAW The new regulation introduced by the TCC categorizes the right to request information, and examination of the board members as limit- less during the meeting, and is limited outside the meeting; however, no provision exists as regards the enjoyment of this right prior to the meeting. Below, the right to request information and examination is dealt with chronologically. Right to Request Information and Examination prior to the Meeting There is no explicit provision in the TCC regulating the right to request information of the members of the board of directors prior to the meetings. This right may also be considered within the scope of the right to request information outside the meeting; however, this should be dealt with separately due to its importance. In order for the board of directors’ members to fulfill their duties, and for the effective conduct of the board of directors meeting, they should be informed on the issues to be discussed at the meeting before- hand. The submission of the information and documents regarding the meeting agenda at the time of the meeting is not sufficient for complex board of directors’ resolutions to be taken on effectively. Therefore, this information and documents shall be brought to the attention of the members prior to the meeting, and if necessary, the chairman of the board shall brief the members on the issues to be discussed 1 . Hence, the right to request information and documents, and examination to be used during the meeting by the members of the board of directors in line with TCC Art. 392(1) as explained, below, shall be facilitated. If there is a provision in the articles of association as to how long before the meeting this information and documents shall be provided to the members of the board of directors, this shall be respected. In absence of such a provision, a period shall be allowed to the members based on the equal treatment principle for them to be able to prepare sufficiently. This period is closely related to the characteristics of the 1 Hasan Pulaşlı , Yeni Türk Ticaret Kanunu’na Göre Yönetim Kurulu Üyelerinin Bilgi Alma ve İnceleme Hakkı, Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştırmaları Dergisi, Volume: 18, Number: 2, 2012, p. 588.