Newsletter-21

76 NEWSLETTER 2016 fice, or R-D activities to be conducted in a certain field fall within this scope 5 . Further, in structures where more than one company are managed together, like holdings or groups of companies, the members of the board of directors of the parent company shall request information on the subsidiaries. TCC Art. 200 shall also be borne in mind. In addition, the right of the members of the board of directors to obtain copies of information and documents must be elaborated upon. The TCC is unclear regarding this issue. This shall be permit- ted through the articles of association or a resolution of the board of directors. However, this permission shall solely include copying the documents in order to work thereon, and not obtaining such copies for personal use 6 . Conclusion As a conditio sine qua non, for the fulfillment of the duties and authorities of the members of the board of directors, the right to re- quest information and examination is regulated under TCCArt. 392 in a broader sense than the aTCC. Accordingly, the members of the board of directors shall have the right to request information and examination during and outside the meetings. Although not explicitly regulated by the TCC, such right is considered to also include the submission of in- formation and documents relating to the meeting agenda to the mem- bers of the board directors prior to the meeting. During the meeting, the members may request information and documents in an unlimited manner, shall ask questions to the persons and committees responsible for the management of the company, and examine company books. Outside the meeting, the right to request information and examination is exercised as regards the state of affairs and certain specific works, subject to the approval of the chairman for the members of the board of directors, and the board of directors for the chairman. If the request is rejected at the board of directors’meeting held upon the initial rejec- tion, the requesting member may apply to the court. 5 Hediye Bahar Sayın , Türkiye Barolar Birliği Dergisi, Number: 124, 2016, p. 491. 6 Ömer Korkut , Erzincan Üniversitesi Hukuk Fakültesi Dergisi, V. X, N. 3-4, 2006, p. 523.