Pre-emption Right
"Can pre-emption rights be restricted?"
Quick Answer
Pre-emption right allows existing shareholders to maintain their proportional ownership by having the first right to purchase newly issued shares during a capital increase.
Scope and Legal Distinctions
A shareholder's pre-emption right in a capital increase differs from a contractual right to buy existing shares. Restriction or exclusion must satisfy the applicable corporate rules.
What to Check in Practice
Review the issue decision, allocation, subscription period and proposed exclusion grounds before calculating ownership dilution.
Sources & Authorities
Statutory framework and official guidance for this definition.
Need Expert Legal Guidance?
Our experienced attorneys can help you navigate pre-emption right under Turkish law.
Schedule a Consultation