Joint Stock Company Independent Auditor Transactions

1-) MERSIS Application

2-) Petition

- It must be signed by the authorized person with the company stamp, if signed by proxy, the original or certified copy of the proxy must be attached).

3-) Notarized minutes of the meeting written in the general assembly resolution book (1 copy)

4-) List of attendees

5-) Ministry representative appointment letter (in meetings where there is an obligation to have a Ministry representative)

6-) In general assemblies where the Ministry representative is not present, if there is participation by proxy, the original power of attorney must be submitted.

7-) Auditor's Declaration (Article 400 of the TCC)

8-) The name and surname or title of the auditor, identification number, place of residence or headquarters, and registered branch office, if any, shall be stated.

In the event that the auditor elected pursuant to Article 108 of the Trade Registry Regulation refuses to perform his duty or terminates the contract, the appointment decision is canceled, null and void, or the auditor is unable to fulfill his duty or is prevented from performing his duty for legal reasons or for any other reason, the auditor shall be appointed by the court upon the request of the board of directors in joint stock companies, the manager in limited liability companies, each member of the board of directors or any shareholder.  

In case of a change of a registered independent auditor, registration must be requested by submitting the finalized court decision and the statement prepared in accordance with Article 400 of the Turkish Commercial Code. In the case where only the auditor has given notice of termination, the change of auditor can be registered by the decision as stated below without waiting for the court decision.

In cases where the Independent Auditor gives notice of termination;

The board of directors in joint stock companies and the managers in limited liability companies shall immediately elect a temporary auditor to serve until the appointment is made by the court and register this matter. During the registration application, the written and justified termination notice of the independent auditor and the statement of the newly elected interim independent auditor pursuant to Art. 400 of the TCC should be attached to the resolution of the board of directors.