‘THE COMPANIES ACT 2006 REQUIRES A DIRECTOR TO ‘PROMOTE THE SUCCESS OF THE COMPANY FOR THE BENEFIT OF ITS MEMBERS AS A WHOLE’ (SECTION 172). CRITICALLY ANALYSE THE SCOPE AND IMPACT OF THIS SECTION.’


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ERDOĞAN M.

Istanbul Ticaret Üniversitesi Sosyal Bilimler Dergisi, cilt.17, sa.34, ss.195-206, 2018 (Hakemli Dergi) identifier

Özet

The duty to promote the success of the company for the benefit of its members as a whole is the modernversion of the duty of loyalties owed by directors, which is codified in 2006 under section 172 of TheCompany Act. The section makes various impacts on the directors, shareholders, stakeholders, employees,the community and the business in relation to paying more attention to stakeholders’ interests and benefitsduring corporate decision-making process.Some academicians state that the section has same approach regarding the ‘promote the success of thecompany’; however, others state the section is the modern, new, or modified version of the pre-existinglaw. Therefore ‘the company’s success’, ‘good faith’, ‘benefit members as a whole’ are needed to beevaluated in a wide range.The proposal put forward an idea is that adequately determines the necessity of the Government tostrengthen the protection of stakeholders’ interests in companies and still the interests of shareholders areleft wholly to the discretion of directors not to any acts.