SOME PROPBLEMS REGARDING THE GROUP OF COMPANIES

Hacı KARA — 2025-05-29

Capital companies have been foreign to practice for many years and insist on the legal assumption. However, today, businesses are concentrating under the same roof according to their areas of specialization; in other words, the number of groups of companies is increasing. On the other hand, it is important that the enterprises act independently and take decisions that are in their best interest. The practice shows the opposite.

One of the determining factors in the concept of a group of companies is dominance or control. If one company has the power to exert influence over another in any way, that company has established “dominance”. Control, on the other hand, is a mathematical and therefore precise criterion. Dominance, on the other hand, is based on presumptions. The concept of “control” is structured on the notion of the parent company's dominance, or presumed dominance, over its subsidiaries. In regulations adopting the “control” system, the means of control are often listed under ordinal numbers: Majority of share capital, majority of votes, majority of members in the governing body, etc. In the control system, it is not considered whether control is exercised or not; in fact, there is no consequence for proving that control is not exercised.

A group of companies refers to a group of companies formed by one or more companies directly or indirectly with a controlling company in accordance with the control (dominance) criteria stipulated in the law or in accordance with an agreement. In this study, brief information about the group of companies will be given, a brief comparison of the group of companies with holding companies will be made and some questions that the group of companies face in practice will be given.

Legal Hukuk Dergisi, Year 2025 Issue 269 ( MAYIS) UZMAN GÖRÜŞLERİ

SOME PROPBLEMS REGARDING THE GROUP OF COMPANIES