A) Liability under Turkish Commercial Code numbered 6102

The liability of Board members under Turkish Commercial Code numbered 6102 ("TCC") is divided into two categories as legal and penal. Since there is no special regulation under TCC for independent board members, their liabilities are the same with other members.

a. Penal Liability

The penal liabilities of board members are regulated under Article 562 of TCC. The act and related penalty is indicated in table below:

Act Relevant TCC provision Penalty (Administrative Fine)
Refraining from keeping the company books and ledgers 64 TRY 4,000.00
Refraining keeping the copies of company documents 64 TRY 4,000.00
Refraining validating company books for opening and closing 64 TRY 4,000.00
Keeping the company books and ledgers at odds with TCC 65 TRY 4,000.00
Taking inventory unfitting to the procedure 66 TRY 4,000.00
Refraining from presenting documents that have been transferred to image and data carriers 86 TRY 4,000.00
Keeping single and consolidated tables at odds with Turkish Accounting Standarts 88 TRY 4,000.00

To read this article in full, please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.