MINORITY RIGHTS IN JOINT STOCK COMPANIES: A COMPARATIVE ANALYSIS WITH THE LAWS OF THE HORN OF AFRICA

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Tezin Türü: Yüksek Lisans

Tezin Yürütüldüğü Kurum: Erciyes Üniversitesi, Sosyal Bilimler Enstitüsü, Özel Hukuk (Yüksek Lisans), Türkiye

Tezin Onay Tarihi: 2024

Tezin Dili: İngilizce

Öğrenci: MOHAMED HASSAN JİCSİN

Danışman: Aydın Alber Yüce

Özet:

MINORITY RIGHTS IN JOINT STOCK COMPANIES: A COMPARATIVE ANALYSIS WITH THE LAWS OF THE HORN OF AFRICA

Mohamed Hassan JİCSİN

Erciyes University, Graduate School of Social Sciences

Master Thesis,

August 2024

Supervisor: Assoc. Prof. Aydın Alber YÜCE

ABSTRACT

This study aims to conduct a comparative analysis of the law of the Horn of Africa countries (Somalia, Somaliland, Ethiopia, Kenya, Uganda) and Turkish law, with a particular focus on the protection of minority shareholders' rights. The study aims to identify gaps and concrete practices in the laws of these regions and provide recommendations to improve minority shareholder protection. The research methodology includes a review of primary and secondary sources such as corporate laws, regulations, court decisions, and academic literature. The findings reveal that the Turkish Commercial Code has relatively strong legal foundations to protect minority shareholders, while the Horn of Africa countries face significant challenges in this area. While efforts have been made to enact legislation in the Horn of Africa, implementation and enforcement remain weak, leaving minority shareholders vulnerable to abuse. The identified gaps in legal frameworks underscore the need for legal reforms and institutional strengthening. The study recommendations include amending corporate laws, improving corporate governance practices, strengthening regulatory institutions, and encouraging shareholder activism. The findings and recommendations can guide policymakers, legal practitioners, and academics in creating a more transparent and fair business environment, enhancing investor confidence, and promoting sustainable economic development in the Horn of Africa and Turkey. Keywords: Joint Stock Company, shareholders, shareholders' rights, minority, minority rights