It is accepted that the multilateral or unilateral decisions of the general assembly of the joint-stock company are a legal process regardless of it is the importance of being modified as strong-willed. In this reason, the special clauses of the joint stock company in the TCC and the general provisions related to the legal proceedings are the provisions to be applied for the conditions for the formation of the general meeting decision. According to the deficiency conditions in the conditions of formation of general assembly decisions, it is subject to absence, ban and cancellation sanctions. Since the discharge decisions are considered as a decision of a general assembly, the rules that apply on the conditions of the occurrence of the general assembly and the absence of the necessary conditions which invalidates the decisions can apply for the discharge decisions as well. Nullity of the discharge decisions will be determined what the sanction is because of the differences arising from the specific structure of the discharge decision as a result of the interpretation of the provisions related to the decision of discharge. In this context, open discharge, covered discharge, the discharge of the responsibility of the establishment and the responsibility of the increase the capital requirement, occurrence of the special circumstances regarding the procedure of the annulment of the discharge decision, the effect of the nullification of discharge decision with the incompatible audit-related provisions are evaluated in the light of the doctrine and Supreme Court decisions.
The Joint-Stock Company, Discharge Decision, Nullity.