Farewell to the Anonymity of Bearer Share Certificate Holders in Turkish Law

GÜREL M.

European Business Organization Law Review, 2023 (SSCI) identifier

  • Yayın Türü: Makale / Tam Makale
  • Basım Tarihi: 2023
  • Doi Numarası: 10.1007/s40804-023-00291-5
  • Dergi Adı: European Business Organization Law Review
  • Derginin Tarandığı İndeksler: Social Sciences Citation Index (SSCI), Scopus, Academic Search Premier, IBZ Online, International Bibliography of Social Sciences, ABI/INFORM, EBSCO Legal Collection, EBSCO Legal Source
  • Anahtar Kelimeler: Anonymity, Bearer share certificates, Combating money laundering, Combating the financing of terrorism and proliferation of mass destruction weapons, Dematerialization, Financial Action Task Force, Joint-stock company
  • Ankara Üniversitesi Adresli: Evet

Özet

Türkiye adopted a new regime on bearer share certificates to comply with the Recommendations of the Financial Action Task Force on money laundering by promulgating the Law on Preventing Financing of Proliferation of Mass Destruction Weapons on 31 December 2020. This new law does not prohibit the issuance of bearer share certificates but ends the anonymity of the holders. According to the new law, the holders of bearer share certificates shall be registered in a centralized registry. In case of transfer of the certificates, the new holder must also be registered in the registry. In this paper, I will first give brief information on shares in Turkish law. Subsequently, I will explain the new system prescribed by the Law on Preventing Financing of Proliferation of Mass Destruction Weapons.