Article 392 of the Turkish Commercial Code regulates in detail the board members’ right to request information at the meetings and outside of the meetings. The chairperson of the board of directors must pave the way for the members to exercise their right to request information. This is because, the chairperson is the guarantor for the exercise of the right to request information. Article 392 of the Turkish Commercial Code aims to eliminate the problems experienced particularly in the period of the repealed Turkish Commercial Code. So indeed, it is aimed to eliminate the circumstance “what the chairperson says, goes” in the period of the repealed Turkish Commercial Code. This scope grants the board members almost an unlimited right to request information at the meetings. Besides, also outside of the meetings, the article regulates the members’ right to request information, upon the chairperson’s permission. Within this context, the chairperson’s permission is of importance. It must be determined what should be considered when granting the permission by the chairperson and in what cases the grant of the permission may be refused. Furthermore, the board’s permission is required in order for the chairperson to exercise the right to request information also outside of the meeting. Our study aims to dwell on the role played by the chairperson of the board of directors with regard to the exercise of the right to request information. This is because, in the practice of joint stock companies, a significant part of the problems originating from article 392 of the Turkish Commercial Code is based on the infringement of this right by the chairperson of the board of directors
Right to request information ~ Chairperson of the board of directors ~ Article 392 of the Turkish Commercial Code ~ Board member ~ Right to review