In Article 399/1 of the TCC, the independent auditor will be elected by the general assembly of the company, except for the exceptions stipulated in Article 408/2, the election of the independent auditor is among the non-transferable powers of the general assembly; It was reported that the decisions regarding the transfer of the law were superstitious.
In this context, the companies registered in the Chambers under the umbrella of the Union;
ü It is required that the independent auditor should be elected by the general assembly of the company within the framework of the provisions of the above-mentioned Law and this authority is an inalienable authority,
ü While the independent auditor should be elected by the general assembly of the company, it is contrary to the above provisions of the TCC and that the election of the general assembly directly by the board of directors without a resolution in this direction and making a contract with it will be superstitious,
ü Supervision performed in accordance with the superstitious contract cannot be accepted as a compulsory audit and therefore compulsory audit within the scope of TCC shall not be performed,
ü In this case, the unaudited financial statements and the annual activity report of the board of directors shall be in an unedited provision, in other words, superstition, in accordance with the second paragraph of Article 397 of the TCC; (such as profit distribution, capital increase-reduction, submission to tax returns, submission of credit documents, approval by YMM and SMMM, etc.).
issues to the knowledge and attention of our members.