GRADUATE SCHOOL
PhD in Private Law
HUK 613 | Course Introduction and Application Information
| Course Name |
Capital Increase through Capital Subscription in Joint-Stock Companies
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Code
|
Semester
|
Theory
(hour/week) |
Application/Lab
(hour/week) |
Local Credits
|
ECTS
|
|
HUK 613
|
Fall/Spring
|
3
|
0
|
3
|
7.5
|
| Prerequisites |
None
|
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| Course Language |
Turkish
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| Course Type |
Elective
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| Course Level |
Third Cycle
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| Mode of Delivery | - | |||||
| Teaching Methods and Techniques of the Course | DiscussionLecture / Presentation | |||||
| Course Coordinator | ||||||
| Course Lecturer(s) | ||||||
| Assistant(s) | ||||||
| Course Objectives | The aim of the course is to examine the theoretical knowledge, doctrine and judicial decisions on capital increase through capital subscription in joint stock companies according to the provisions of the TCC at the doctoral level. |
| Learning Outcomes |
The students who succeeded in this course;
|
| Course Description | The system of TCC on the capital formation of joint-stock companies is based on the principle of capital protection. This principle means that the committed capital is to be brought in a fully and complete manner during the establishment and the capital increase of the company and is to be preserved throughout the continuance of the company. Capital increase within this context is one of the most important way to meet the financial resource requirement. However this procedure can be abused in practice, since capital increase through capital subscription is a special type of amendment of articles of association that can have impacts on balance of interests within the company. In this regard, there are many judicial decisions and will be examined in detail during the course. |
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Core Courses | |
| Major Area Courses | ||
| Supportive Courses | ||
| Media and Management Skills Courses | ||
| Transferable Skill Courses |
WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES
| Week | Subjects | Related Preparation |
| 1 | Classification, Legal Nature and Characteristics of Capital Increase | İsmail Cem Soykan, Chapter 1 “Basic Information on Legal and Registered Capital Systems and Legal Nature and Characteristics of Capital Increase through Capital Subscription”, pp.5-21. |
| 2 | Capital Increase in Liquidation and Bankruptcy | İsmail Cem Soykan, Chapter 1 “Basic Information on Legal and Registered Capital Systems and Legal Nature and Characteristics of Capital Increase through Capital Subscription”, pp.39-64. |
| 3 | Prerequisites for Capital Increase | İsmail Cem Soykan, Chapter 2 “Prerequisites for Capital Increase through Capital Subscription”, pp.69-340. |
| 4 | Capital Increase Transactions in the Legal Capital System | İsmail Cem Soykan, Chapter 3 “Capital Increase through Capital Subscription in Legal and Registered Capital Systems”, pp.343-570. |
| 5 | Capital Increase Transactions in the Registered Capital System | İsmail Cem Soykan, Chapter 3 “Capital Increase through Capital Subscription in Legal and Registered Capital Systems”, pp.343-570. |
| 6 | Payment of Capital Share via Set-off | Aydın Alber Yüce, Chapter 1 “The Concept of Set-off, Historical Development of the Payment of Capital by Set-off, Comparison with Other Payment Methods, Types and Benefits”, pp.47-122. |
| 7 | Non-Completion and Invalidity of Capital Increase | İsmail Cem Soykan, Chapter 4 “Renouncement of Capital Increase, Failure to Complete and Invalidity of the Increase”, pp.573-674. |
| 8 | Cases of Illegality in the Payment of Capital Share via Set-off | Aydın Alber Yüce, Chapter 3, “Illegal Cases in the Payment of Capital Share via Off-set and the Sanction for Violation of Law and a Proposal for Legal Regulation”, pp.259-331. |
| 9 | Presentations | |
| 10 | Presentations | |
| 11 | Presentations | |
| 12 | Presentations | |
| 13 | Presentations | |
| 14 | Presentations | |
| 15 | Presentations | |
| 16 | Final Exam |
| Course Notes/Textbooks | İsmail Cem Soykan, Türk Ticaret Kanununa Göre Anonim Ortaklıklarda Sermaye Taahhüdü Yoluyla Sermaye Artırımı, On İki Levha Yayıncılık, İstanbul 2019, ISBN: 9786057909541; Aydin Alber Yüce, Anonim Şirketlerde Sermaye Borcunun Takas Yoluyla Ödenmesi- Şirket Borçlarının Şirket Sermayesine Dönüştürülmesi, On İki Levha Yayıncılık, İstanbul 2021, ISBN: 9786257293716. |
| Suggested Readings/Materials | Erdoğan Moroğlu, Anonim Ortaklıklarda Sermaye Artırımı, On İki Levha Yayıncılık, İstanbul 2018, ISBN: 9786051526638 |
EVALUATION SYSTEM
| Semester Activities | Number | Weigthing |
| Participation | ||
| Laboratory / Application | ||
| Field Work | ||
| Quizzes / Studio Critiques | ||
| Portfolio | ||
| Homework / Assignments |
1
|
30
|
| Presentation / Jury |
1
|
30
|
| Project | ||
| Seminar / Workshop | ||
| Oral Exams | ||
| Midterm | ||
| Final Exam |
1
|
40
|
| Total |
| Weighting of Semester Activities on the Final Grade |
2
|
60
|
| Weighting of End-of-Semester Activities on the Final Grade |
1
|
40
|
| Total |
ECTS / WORKLOAD TABLE
| Semester Activities | Number | Duration (Hours) | Workload |
|---|---|---|---|
| Theoretical Course Hours (Including exam week: 16 x total hours) |
16
|
3
|
48
|
| Laboratory / Application Hours (Including exam week: '.16.' x total hours) |
16
|
0
|
|
| Study Hours Out of Class |
14
|
7
|
98
|
| Field Work |
0
|
||
| Quizzes / Studio Critiques |
0
|
||
| Portfolio |
0
|
||
| Homework / Assignments |
1
|
20
|
20
|
| Presentation / Jury |
1
|
14
|
14
|
| Project |
0
|
||
| Seminar / Workshop |
0
|
||
| Oral Exam |
0
|
||
| Midterms |
0
|
||
| Final Exam |
1
|
45
|
45
|
| Total |
225
|
COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP
|
#
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Program Competencies/Outcomes |
* Contribution Level
|
||||
|
1
|
2
|
3
|
4
|
5
|
||
*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest