Yeni Türk Ticaret Kanunu çerçevesinde çok uluslu şirketler

Abstract

Multinational companies are defined as organizations which evaluate all aspects of international investment opportunities within current economic conditions. These organizations are mostly preferred within the entry options of foreign direct investments and therefore, countries are disposed to find a solution within the context of national law in terms of issues on foreign investment. About the topic mentioned, international law also has an effort to find a solution for protection of foreign direct investment through several international organizations, especially after the Second World War. In the first section of this study, the concept of foreign direct investment is generally evaluated and multinational companies, which are today's most important executors of aforesaid investment, are analyzed in terms of their structures and formations types regarding ongoing situation from past to present. The issue addressed by foreign investor to host country about protection investments, which protect aforesaid investment under international law, was also included especially within bilateral agreements and ICSID and MIGA in this study. In the second section of this study, a group of companies, which is regulated between Articles 195 and 210 under the New Turkish Commercial Code numbered 6102 and recognized as an entity for the first time, included in national legislation as an legal institutions is analyzed; and while sovereignty relation as the founding element of a group of companies is examined in detail, circumstances and conditions which give rise to aforesaid situation of sovereignty are examined especially in terms of responsibility with the aim of ensuring the integrity with the purpose of the law.