Solmaz Law Blog Posts

Seizure of Company Share

It is possible for the creditor to seize a company share owned by the debtor, since the share in the company has a financial value. According to the provision in article 133/2 of the Turkish Commercial Code; “In capital companies (joint stock, limited liability company, limited partnership), creditors may request the seizure and liquidation of…

00June 14, 2022June 16, 2022

What Companies Should Do in the KVKK (Law on the Protection of Personal Data) Compliance Process

According to the Law on the Protection of Personal Data (KVKK) No. 6698, personal data is defined as any information relating to an identified or identifiable natural person. Many people have access to their personal data within the scope of commercial activities of companies. In terms of these data, the legal entity of the company…

0June 14, 2022June 18, 2022

Enforcement Proceedings by Foreclosure of Mortgage

One of the methods of securing the right to claim is the establishment of a pledge on tangible goods or rights to claim. Mortgage is also a kind of lien on immovable property. If the debtor does not pay the debt, the creditor collects the  receivables by selling the pledged property. In this respect, the…

0June 14, 2022June 20, 2022

Rights of the Land or Building Owner in Case the Contractor Does Not Deliver the Building on Time

As in all contracts, in construction contracts, the parties must fulfill their contractual obligations as agreed in the contract. In construction contracts, the main debt of the contractor is to complete the construction and deliver it on time. If the contractor cannot deliver the construction on time, she/he will be responsible for this delay. If…

02June 14, 2022June 21, 2022

Builder (Building) Pledge

In construction contracts, the contractor party is obliged to deliver a work, and the land or business owner is obliged to pay a fee for this delivery. As a rule, it is a debt that must be paid with the delivery of the work for the land or business owner to be paid. However, it…

00June 14, 2022June 23, 2022

Is It Possible to Appeal Against the Interim Injunction?

Interim Injunction have always been one of the controversial issues. However, if the interests of one of the parties are damaged, can an appeal be made through legal means? The law offices of the Supreme Court evaluated the issue differently and in the end, the issue came to the Grand General Assembly of the Supreme…

00June 14, 2022June 23, 2022

Is it Possible to Suspend or Postpone the Enforcement Proceeding With Judgement?

The debtor has a number of opportunities to halt the enforcement proceedings that have started, to prevent the proceeding and the attachment on the assets. The debtor objects to the payment order in order to halt an enforcement proceeding that has started as a enforcement proceeding ”WITHOUT JUDGEMENT”. With the objection made by the debtor,…

00June 14, 2022June 15, 2022

Enforcement Notices And Inadequacy of Notice

A notification is made by the competent authorities in writing or through an announcement, in order to inform the relevant person of the legal proceedings. In this way, it is ensured that the person who is the addressee of the legal action has information about the action and takes the necessary actions. In order for…

01June 14, 2022June 25, 2022

A Way of Continuing the Execution Proceedings Suspended by the Objection of the Borrower: Annulment of the Objection

Enforcement proceedings without judgment begin when the creditor claims to be a creditor from a person by applying to the enforcement office. Moreover, the creditor does not even need to have any documents in order to initiate enforcement proceedings. It is possible to initiate enforcement proceedings without judgment against the person whom the creditor claims…

00June 14, 2022June 27, 2022

Detection of Forgery of the Promissory Note and the Litigation Process

It is frequently witnessed that people are put into debt by forgering promissory notes in commercial and daily life. Persons who are shown as debtors on a promissory note without their own knowledge and will and without signing are faced with unjust and malicious execution proceedings or lawsuits. The person who is a victim of…

00June 7, 2022June 13, 2022

Compensation Lawsuits Filed Due to Incorrect Keeping of the Land Registry

Land registry records are official registries that document who owns the immovables, the shareholders and their shares on the immovables, the area of the immovables, the island/parcel numbers, whether the immovables are pledged or whether there is a cautionary decision on them. As a rule, the ownership of an immovable is acquired only by the…

0June 7, 2022June 13, 2022

Legal Validity of Buying a Flat from the Contractor with a Written Agreement and Land Registration Cases against the Contractor

Contractors sell flats from construction projects that have already started. They do this sometimes with the promise of sale contracts and sometimes with  the transfer of claim (absolute assignment) contracts of receivables made in ordinary written form. In fact, contractors can sometimes promise to sell the same flat to more than one person at different…

2June 7, 2022June 8, 2022

Elements, Enforcement and Termination of Franchising Agreements

Due to the advantages of franchising contracts, they have become the preferred contracts in the commercial life in Turkey as well as abroad. Franchising is a type of business model, distribution and marketing method as well as being a contractual relationship. These contracts are encountered in many different sectors such as oil companies, hotels, restaurants,…

00June 7, 2022June 10, 2022

Sharing of Property in the Case of Elimination of Joint Ownership

Elimination of joint ownership cases are among the most frequently filed lawsuits in Turkish law. Due to the large number of both the plaintiff and the defendant in this case, it is possible that many people in Turkey today took part in this case as a party. The purpose of the elimination of joint ownership…

0June 6, 2022June 9, 2022

Enforcement of Judicial Decisions and the Problem of Finalization

Parties with conflicting rights and interests want the court’s decision to be enforced immediately. But this is not always possible under all circumstances. Enforcement of court decisions is ensured through compulsory enforcement. As a rule in Turkish law, when a decision is made by the court, the enforcement of this decision can be requested immediately….

00June 6, 2022June 23, 2022

The Difference Between Actions for Annulment of Disposition and Action for Nullity Filed for Collusion

Actions for annulment of disposition and Action for Nullity Filed for Collusion can be confused with each other due to their verbal connotations and, in some cases, the basis of a collusive transaction. In practice, it is common for one of these lawsuits to be filed where the other one should be filed. In this…

00June 6, 2022June 10, 2022

Release of the Provisional Attachment in return for a Security

A provisional attachment is the prior seizure of the debtor’s property by court order in order to ensure that the debtor pays the debt to the creditor on time. As a rule, the provisional attachment can be requested for the receivables that are due. For undue receivables, it is possible to place a provisional attachment…

00June 6, 2022June 9, 2022

Objection to the Provisional Attachment

The provisional attachment decision is a type of temporary legal protection aimed at ensuring that the creditor regains the receivables. When a provisional attachment  decision is made, the debtor’s property is temporarily confiscated. The court may decide on the provisional attachment upon the request of the creditor. The court may listen to the debtor party…

00June 6, 2022June 8, 2022

Provisional Attachment Decision

In order to legally ensure the payment of a money claim, the creditor must apply either to the enforcement office or to the court. The creditor applying to the enforcement office may initiate an enforcement proceeding and ask the debtor to pay the debt. The creditor also has the right to apply to the court…

0June 6, 2022June 23, 2022

Prohibition of Changing And Expanding the Case Or Defense

It is important that when filing a lawsuit on an issue, it is clear what is requested in the case and that every incident and evidence that serves to prove the rightness of that issue is presented to the court. Because the judge in civil courts cannot investigate and take into account events or evidence…

00June 6, 2022June 7, 2022

Non-Distrainable Goods and Non-Seizability Complaint

The purpose of executive proceedings is to ensure that the debtor who has not paid the debt pays the creditor. If the debtor does not fulfill the requirement of the payment order (or executive order) sent to him and does not pay the creditor within the time limit, the debtor’s property is sequestrated upon the…

00June 6, 2022June 7, 2022

Vacation and Postponement Periods Suspending the Enforcement Proceedings

In order to protect the debtor during the enforcement proceedings, vacation and postponement cases are envisaged. In the presence of vacation and postponement reasons, enforcement proceedings cannot be carried out against the debtor. Since it is counted as vacation hours and days, the enforcement proceedings may not be carried out, and there are also reasons…

00May 23, 2022May 25, 2022

Application for Complaint in Enforcement Law

The persons concerned can apply to the enforcement court with an application for complaint, against the transactions made by the enforcement or bankruptcy bodies against the law or inconsistent with the concrete case. A complaint is a kind of legal application pertaining to enforcement law. This application, which is not technically accepted as a lawsuit…

00May 23, 2022May 25, 2022

Can the Debt Requested to be Paid with a Payment Order Be Objected?

A warning is made to pay the debt within 7 days (or it can be 10 days or 30 days depending on the type of proceeding) by sending a payment order by the enforcement offices. The debtor of the debt specified in the payment order is not necessarily the person to whom a payment order…

00May 10, 2022May 10, 2022

Objection to the Signature on the Bill

The person to whom the payment order has been served may not want to pay the debt included in the payment order for any reason. For example, if the debtor thinks that the debt does not belong to him/her, if he/her thinks that the signature on the bill communicated to him/her with the payment order…

00May 10, 2022May 10, 2022

Frequently Asked Questions About Payment Order and Contesting to Payment Order

The person to whom a payment order has been sent has difficulty in understanding what this document means and the legal conseuqences of sending this document. However, after the notification of the payment order, it is necessary to take action  in a very short time. Otherwise, negative consequences may arise, such as having to pay…

00May 10, 2022May 11, 2022

How to Unblock the Blocked Bank Account by The Financial Crimes Investigation Board (Masak)?

The Financial Crimes Investigation Board (Masak) is an organization affiliated with the Ministry of Treasury and Finance, which operates to prevent the laundering proceeds of crime and financing of terrorism. In this context, it has undertaken various tasks in order to reveal and prevent risks to economic security. The Board has powers in different functions…

00May 10, 2022May 11, 2022

The Negative Declaratory Action and its Features

A negative declaratory action is a type of declaratory action filed to prove that the debtor is not indebted. In this case, it is requested from the court to determine that the claimed right or legal relationship does not actually exist. The person who is claimed to be in debt can put forward different reasons…

00May 10, 2022May 12, 2022

Objection to be Made if the Objection Period to the Payment Order Has Been Missed (Delayed Objection)

In enforcement law, the objection period to the payment order in the general enforcement proceedings without a judgment has been determined as 7 days from the notification of the payment order. This period is clear and final, and objections made after 7 days will not be considered. However, in the presence of certain conditions, objections…

00May 10, 2022May 12, 2022

How are the Pecuniary Claims Collected?

The debts arising from the law or contracts are willy, in other words, with the debtor’s own consent, paid by the debtor to the creditor. Although this is what should happen, debtors may not always pay their debts on time of their own will.  In such cases, creditors will have to take action to collect…

00May 10, 2022May 13, 2022

Obligations of the Contractor in Construction Contracts

The fulfillment of the obligations agreed in the contract as required is required by the pacta sunt servanda (commitment to the promise), one of the general principles of the law. One of the parties to the contract must fulfill what he undertakes to do or give, as agreed in the contract. As a rule, the…

00May 10, 2022May 13, 2022

Collateral in Provisional Attachment

The provisional attachment is the process of temporarily seizing the property and rights of the debtor, at the request of the creditor, in order to guarantee the debtor’s payment of money debt. If the creditor files a lawsuit or initiates an enforcement proceeding in order to obtain the right to claim, he/she may request the…

00May 10, 2022May 15, 2022

How to Get Back the Paid Money While the Negative Declaratory Action is Continuing?

The person, who is requested to pay debts by issuing an enforcement proceeding, can file a negative declaratory action against the execution proceeding if he/she thinks that he/she is not indebted. In this case, as a rule, both litigation and enforcement proceedings continue at the same time, and mostly, enforcement proceedings are concluded earlier than…

00May 10, 2022May 10, 2022

How to Start Enforcement Proceedings?

Other than filing a lawsuit against the debtor who does not pay the debt, the only way that the creditor can resort is to issue enforcement proceedings. In some cases, by issuing enforcement proceedings, collection can be achieved in a shorter time and easier than the litigation process. In this way, enforcement proceedings without a…

00May 10, 2022May 16, 2022

The Debtor’s Guide to Litigation in Enforcement Proceedings

The party from whom payment is requested with the claim that she/he is a debtor in the enforcement proceeding is called the debtor of the proceeding. The debtor of the proceeding, who thinks that she/he is not indebted and does not want to pay, may resort to various ways in order not to pay the…

00May 10, 2022May 16, 2022

Time Limits in Enforcement Law

In enforcement law, proceedings related to proceedings are carried out within certain time limits. The majority of these time limits are stipulated by the Law and are definite periods. These limits envisaged by the law cannot be changed, shortened or extended by the parties, judges or enforcement officers. For this reason, the relevant persons and…

00May 10, 2022May 17, 2022

How should the payment be made to the Execution File?

It is possible for the debtor to choose one of three different methods for the payments to be made to the execution file. The debtor can pay the enforcement file directly at the enforcement office, pay the creditor or his/her attorney, or get rid of the debt as a result of paying with a credit…

0May 10, 2022May 17, 2022

Conditions for Holding the Doctor or Hospital Responsible for the Damages Suffered by the Patient Due to Mistreatment or Diagnosis

Physical and mental harm caused by the mistakes of doctors or health workers are obliged to be covered by the physician or the relevant institution. The patient or, in some cases, the relatives of the patients who are considered to be harmed can claim material and moral compensation, and in case of death, compensation for…

0May 10, 2022May 19, 2022

Lawsuits That May be Filed Due to Unfair Competition

Due to the fact that the number of competitors is increasing every day in commercial life, each firm or seller is struggling to increase its number of customers and demand for its products. In order to be able to say that this struggle is given in accordance with the law and within the framework of…

0May 10, 2022May 19, 2022

Construction Agreements In Return For Land Share

A construction agreement in return for land share is a contract concluded between the land owners and the contractor, the subject of which is construction. Here, the land owners allocate the land they own to the contractor by contract for the construction of a building on it. The contractor is under the obligation to build…

00May 10, 2022May 20, 2022

Decision Taken for the Protection of Right in Question: Interim Injunction

In a state of law, individuals have to apply to the courts and seek their rights through remedy in order to protect or have their rights. There is always the possibility that the right in question, which is tried to be protected or obtained by filing a lawsuit, is lost, transferred, damaged, disposed of, or…

0May 10, 2022May 20, 2022

Lawsuit Filed Against the Debtor’s Assets Transferred with the Purpose of Smuggling: Actions for Annulment of Disposition

The creditor who wants to collect her/his receivables from the debtor must initiate an enforcement proceeding and have the debtor’s goods seized and sold. However, the debtor may have tried to dispose of the movable and immovable properties in her/his possessions, as she/he foresees that the creditor will have the property seized. Although the debtor’s…

00May 10, 2022May 21, 2022

Replevin Cases Filed For the Seizure of the Debtor’s Property in the Possession of the Third Party

The payment order sent to the debtor in the execution proceeding may be finalized because the debtor has not objected or the objection made by the debtor has been withdrawn or cancelled. If the payment order is finalized, the next stage in the execution proceedings is the seizure. At the request of the creditor, the…

00May 10, 2022May 21, 2022

To Continue the Execution Proceedings Halted by the Objection of the Debtor: Actions for Withdrawal of Appeal

The person who has a right to claim needs to collect it from the debtor as soon as possible. For this, the relevant person tries to collect the receivables by initiating enforcement proceedings from the enforcement office. There are several enforcement proceedings that the creditor can initiate according to the documents proving the right to…

00May 10, 2022May 23, 2022

Special Case of Provisional Attachment Requests to which Factoring Companies are Parties

A provisional attachment is the temporary seizure of the debtor’s property in order to secure the creditor’s receivables. In order to claim a provisional attachment, it is sufficient to have a receivable belonging to the creditor that has not been secured by a pledge and has not been paid yet. It is only possible to…

00May 10, 2022May 23, 2022

Can the Money Paid Be Refunded Due to Unfair Enforcement Proceedings?

One of the most common problems in practice is the issue of repayment of payments made under threat of enforcement. As a result of a lawsuit or for any reason, an appeal could not be made, the effect of the execution could not be eliminated, payment could be made as a result of enforcement proceedings….

00May 5, 2022May 11, 2022

Crypto Coins, Blockcahin Technology and Turkish Law

We are witnessing the times when cryptocurrencies are increasingly occupying the agenda and trying to gain a place in the international and national financial system. Bitcoin’s, as it is known among the people of the crypto money, exactly what it represents, whether it is a real currency, to whom it belongs, how reliable is whether…

0April 27, 2022April 29, 2022

The VAT Exemption Granted to the Investor for the Purchase of Housing and Business Premises

13/1 article of the Value Added Tax Law No. 3065. clause (I) in clause provided is written in the law in Turkey, the non-resident Turkish citizens and foreign real persons in Turkey and legal entities that is not centered in Turkey and who do not profit in Turkey, non-business purchases to be applied in housing…

00April 27, 2022April 29, 2022

The Relationship of Personal Data Law with Employment Contracts and Areas of Interaction

The concept of personal data is a concept that is becoming more and more integrated into our lives every day. In fact, we share our personal data with other people through people we have been in contact within daily life for a long time, workplaces, companies, hospitals, schools, websites we visit, applications we download, and…

0April 27, 2022April 30, 2022

Cryptocurrencies And Criminal Law

Recently, crypto coins, which have been occupying our agenda mostly by being used for illegal activities, have started to be mentioned together with the phenomenon of crime. Due to the “fraud” news that also resonates significantly in the press, crypto coins (known as bitcoin publicly ) are associated with criminal and criminal law. Although the…

0April 27, 2022April 30, 2022

Can the Extra work Pay of the Employee Be Included in the Monthly Wage?

According to Labor Code No.4857, the weekly working time cannot exceed 45 hours.  Although this is the rule, for reasons such as the nature of the work or increasing production, workers can also work beyond this period. This is called extra work. The employment contract specifies a working time of fewer than 45 hours per…

0April 27, 2022May 1, 2022

Opening of a Lawsuit For Material and Non-Pecuniary Damages Against the Employer Due to Occupational Accident

On the grounds of the sanctity of human life, the employer’s obligations, such as doing what is necessary to ensure the health and safety of the laborers, providing the conditions for this, and maintaining the vehicles in total, are met stated in the Labor Code. The employer’s violation of the guard of the laborer (protection) leads…

0April 27, 2022May 1, 2022

The Situation and Consequences of Finding Uncompleted Work in Construction

Construction contracts are bilateral contracts in which the parties mutually have a number of rights and obligations. In this agreement, the mutual parties are named as the contractor and the employer. The contractor undertakes to build and deliver a building to the owner of the work or land plot in exchange for a fee or…

00April 27, 2022May 3, 2022

Liability of the Employer for Compensation for Damages Caused by His Employee

In the Code of Obligations, the person who employs the employee has been held responsible for the damages caused to others during the performance of a work. Moreover, the employer does not even need to have any defective behavior in the occurrence of this damage. The employer is fully responsible for the damages caused by…

0April 27, 2022May 3, 2022

Action for Quittance of Debt

A quittance of debt case is a type of lawsuit filed by a debtor during enforcement proceedings to prove that she/he is not a debtor. Just like in the negative declaratory action, in this case, the debtor aims to prove that she/he is not a debtor. In fact, the context of this case does not…

00April 27, 2022May 4, 2022

Conditions for Provisional Attachment on the Property of the Debtor, Release of the Attachment and Leaving the Seized Property to the Debtor

Temporary seizure of the debtor’s property in order to guarantee the collection of the creditor’s money receivable from the debtor is called a provisional attachment. The provisional attachment decision is requested from the competent court regarding the debt relationship, upon the request of the creditor and in the presence of circumstances. Upon the request of…

00April 27, 2022April 28, 2022

The Crime of Breach of Trust

Nowadays, we establish many human relations and business relationships in order to continue our daily lives and to maintain our business and commercial lives. We establish the majority of these relations, which are commercial and non-commercial, or which we deal with in relation to our work or our daily lives, through contracts, which are one…

00April 27, 2022May 4, 2022

How is the Debtor’s Property Seized in the Execution Proceedings?

The purpose of execution proceedings is to ensure that the debt that the debtor has not paid voluntarily is collected from the relevant debtor. For this purpose, a praecipe is served on the debtor to pay the debt. This is a kind of “pay your debt” notice to the debtor. If the debt is not…

00April 27, 2022May 5, 2022

What Can the Owner of the Structure or Land Do If the Contractor Does Not Fulfill Their Obligation to “Complete the Construction” in Time in the Construction Contracts?

The main debt of the contractor in construction contracts is to complete the construction on time and deliver it to the owner. Both of these obligations must be fulfilled. As a rule, its delivery is also not possible if the construction has not been completed. Since they are two separate obligations the contractor’s “construction completion”…

01April 27, 2022May 10, 2022

Cases That are Considered with a Simple Trial Procedure

There are two types of judicial procedures in civil proceedings; written trial procedure and simple trial procedure. The simple procedure of trial is applied exceptionally in our law only in certain courts or in certain cases. Cases and works that are not explicitly stated in the law to be subject to a simple trial procedure…

01April 27, 2022May 5, 2022

Can Crypto Coins Be Sezied?

The concept of cryptocurrency is a new concept that occupies the agenda of states, societies, and the press on an international scale. Although it is a term that we are all familiar with now, the lack of a physical equivalent of crypto money is still on a plane dominated by uncertainties in the face of…

01April 20, 2022April 21, 2022

Seizure of the Borrower’s Money in the Bank

As a rule, it is possible to seize all kinds of property and rights of the debtor. Some goods and rights that are stipulated in the Law cannot be confiscated as exceptions and these are clearly stated. It is possible to seize all assets of the debtor, such as movable and immovable properties and the…

00April 20, 2022April 23, 2022

Replevin Cases on Property Seized While It is in the Possession of Debtor

Replevin cases are the lawsuits filed for the continuation of the seizure by proving that the property belongs to the debtor, or for the rescue of the seized property, even though it does not belong to the debtor. It varies according to who filed the lawsuit and for what purpose the property is in the…

00April 20, 2022April 23, 2022

Replevin Cases

Executive proceedings are a coercive legal procedure to ensure that the debtor who has not paid the debt pays it. Suppose the debt is not paid within the period given to the borrower to pay the debt by the payment order and the executive proceedings are finalized. In that case, confiscation is placed on the…

00April 20, 2022April 24, 2022

Transfer of the Debt to Another Person (Assumption of Obligations)

The parties of creditor-debtor relations may change over time for various reasons. It is always possible for the creditor or debtor, of their own free will, to transfer the debt they have or the debt they owe to others. In the legal literature, such transactions are called assignment of claim or assumption of obligations. Our…

1April 20, 2022April 24, 2022

 The Necessary Elements for Issuing a Valid Bond

A debt note that is a negotiable instrument that depends on certain form conditions and includes a commitment to pay some money is called a bond. There are mandatory and discretionary validity conditions that must be observed when preparing a bond. Mandatory Form Requirements If the conditions of the said mandatory form is not conformed…

00April 20, 2022April 25, 2022

Ejectment Cases

Ejectment cases are seen frequently in Turkey. In ejectment cases, a compensation called ejectment compensation or adequate pay compensation is requested from the other party. This compensation serves the purpose of compensating for the loss suffered due to the use and/or exploitation of the real-estate without the permission or consent of the owner. In order…

0April 14, 2022April 21, 2022

Enforcement Proceedings for Undocumented Receivables: General Attachment Proceeding

If the debtor does not pay the debt of its own consent and will, the creditor may file a case or commence enforcement proceedings against the debtor. If the debtor does not respect the judgment in favour of the creditor given following the case, it is also necessary to commence enforcement proceedings. In this case,…

00April 14, 2022April 21, 2022

Lawsuit to be Filed in Case of Unlawful Use of House, Workplace, Field or Land: Possessory Actions (Actio Negatoria)

If a real estate owned by the persons has been used by others without any justified reason and occupied in some way, the owner of this real estate can prevent this action by filing a case. This case is called a possessory case or actio negatoria. The owner of real estate, such as a house,…

0April 14, 2022April 21, 2022

The Lawsuit that a Person Who Has to Pay an Amount He/She Does Not Owe Due to Execution: Replevin (Recovery) Case

The person who is faced with the risk of seizure and sale of her/his goods, although she/he is not in debt, pays the money subject to the executive proceeding in order to eliminate this risk. There are different options for the person who wants to get back the money paid unfairly. In our article named…

00April 14, 2022April 21, 2022

THE PARTIES TO THE ACTION FOR RIGHTFUL DISSOLUTION OF THE LIMITED COMPANY

Abstract: In the presence of one of the justified causes, each of the company partners can demand the rightful dissolution of the company from the court. In cases where there is more than one partner or manager of the company in the action for rightful dissolution, the titles of the defendant and the plaintiff may…

00April 5, 2022April 21, 2022

Quorums for Meetings and Resolutions in the General Board of Limited Companies

In order for a resolution to be taken at the General Board of limited companies, a sufficient number of partners must attend the meeting and a sufficient number of partners must vote positively. Said quorums are called meeting quorum and resolution quorum.  The minimum number of votes required for a General Board resolution in a…

0April 5, 2022April 21, 2022

Exclusion of a Partner from a Partnership in Limited Companies

Although the limited companies are stock corporations, the company’s partners are allowed to be excluded from the partnership in order to maintain the partnership relationship in a healthy way, since the environment of trust between the partners is also important. In limited companies, it is possible to expel a partner from the company by a…

00April 5, 2022April 21, 2022

Action for Rescission of Limited Company General Board Resolutions

Limited company General Board resolutions may be rescinded if they violate the rules stipulated in the law or the company’s Articles of Association or the rules of good faith. In order for such decisions to be rescinded, those who have the right of action must file a suit by fulfilling the necessary conditions. By whom,…

0April 5, 2022April 21, 2022

General Board in Limited Companies

General Board in Limited Companies The General Board in a limited company is the decision-making body formed by the presence of all the partners. In limited companies with one partner, this partner has all the powers of the General Board. The General Board convenes once or more than once a year and takes decisions on…

1April 5, 2022April 21, 2022

Selection of Directors in Limited Companies

The governing body of a limited company is the board of directors or director. If the right to manage is given to a single person, this person is authorized in the management of the company as a director. If more than one director is elected, they form the board of directors. According to the Turkish…

0April 5, 2022April 21, 2022

Duties and Powers of the General Board in Limited Companies

Duties and Powers of the General Board in Limited Companies In a limited company, the General Board, as the decision-making body of the company, has the authority to make decisions on the issues envisgaged in the Law (Turkish Commercial Code) or the contract. The General Board is the decision-making body formed by the presence of…

0April 5, 2022April 21, 2022

Dismissal of Directors in Limited Companies (Removal)

A limited companies is managed by the person or persons holding the title of director. As the managing body of the company, the directors hold the authority to manage the legal entity of the company, to take the actions binding the company on behalf of the company, to conduct the company’s affairs and represent the…

2April 5, 2022April 21, 2022

Invalidity of Limited Company General Board’ Resolutions: Non-existence and Nullity

In limited companies, after the General Board resolution, the will of the company in important matters related to the company is subject to certain conditions in terms of form and procedures. If a General Meeting has been held in violation of the provisions of the Law (Turkish Commercial Code and the Turkish Code of Obligations…

0April 5, 2022April 21, 2022

Called General Meeting and Calling Procedure in Limited Companies

In limited companies, the General Board is the decision-making body of the company, which can convene at certain times of the year or whenever necessary. During the Meeting very important decisions about the company are taken by the votes of the partners and the manner of how to convene and how to take resolutions in…

0April 5, 2022April 21, 2022

Transfer of Claim (Assignment)

The assignment of the claim is a kind of contract in which the assignor transfers its right to claim to another. In the transfer of the claim, a legal relationship is established between the old and the new assignor and the person who is the assignee of this claim. People need to transfer their claims…

1April 5, 2022April 21, 2022

Capital Reduction in Limited Companies

In some cases, limited companies may wish to reduce the amount of capital specified in the company’s Articles of Association. This method is used when the company has capital above the company’s needs or in order to distribute profit share to the shareholders. Reducing the basic capital amount numerically is subject to a special procedure…

0April 5, 2022April 21, 2022

Capital Increase in Limited Companies

The capital of the limited company is a value determined in the company’s articles of association and registered and announced in the trade registry.  The capital refers to the total of the capital shares subscribed to be invested in the company by the partner or partners. The capital refers to a specific and fixed amount….

0April 5, 2022April 21, 2022

Transfer (Assignment) of the Claims Made to Provide Collateral to the Banks

Banks demand from people who request a loan from them to provide a collateral in return for the loan they will give. In practice, these guarantees are usually mortgages or sureties. However, another alternative for those who do not have a real estate that they can provide to the bank as collateral or a relative…

0April 5, 2022April 21, 2022

Ordinary General Meeting in Limited Companies

General Meetings in limited companies are held in two ways:  ordinary and extraordinary General Mmeetings. Ordinary General Meetings must be held every year within 3 months following the end of the accounting period and at least once a year.  In this bulletin, we have explained the ordinary General Meeting in limited companies and the resolutions…

0April 5, 2022April 21, 2022

Minority Rights in Limited Companies

The fact that company management is in the hands of majority shareholders in joint-stock and limited companies and that the majority is effective in taking decisions leads to the protection of the shareholders who are the minority. Since the principle indicating that the shareholders shall benefit from the partnership rights at the rate of their…

0April 5, 2022April 21, 2022

Rights of the Partners in Limited Companies

Limited company shareholders have certain rights and obligations arising from the title of partnership. Partnership rights in a limited company are examined in two categories in the doctrine. These are the rights of partners regarding their assets and the rights of partners to participate. You can access detailed explanations about the partnership rights listed below,…

0April 5, 2022April 21, 2022

HOW TO REFUND REGISTERED CAPITAL PAYMENT ON SHARE TRANSFER OF THE LIMITED COMPANY?

How to Refund the in the Limited Company Capital Share Transfer Cost? The transfer of capital shares (share transfer) in Limited Companies is made on the basis of the conditions stipulated in Article 595 of the Turkish Commercial Code. These conditions constitute the validity of the share transfer. If even one of the mandatory elements…

00April 5, 2022April 21, 2022

Duties and Powers of the Directors in Limited Companies

In limited companies, the management authority belongs to a single person holding the title of director or to more than one person. The director or directors can be chosen from among the partners of the company, and it is legally possible to elect a completely foreign person to the company as a manager. As the…

1April 5, 2022April 21, 2022

The Right to Withdrawn the Partnership in Limited Companies

In limited companies, it is possible for the partners of the company to withdraw from the partnership under certain conditions. One of the personal rights of the partner in limited companies is the right to exit the partnership. The right to withdraw includes the partner’s free will to withdraw from the partnership. All rights and…

0April 5, 2022April 21, 2022

Transfer and Conditions of Capital Share in Limited Companies

A Limited Company is established by one or more real or legal persons under a trading name, and its basic capital is determined and this capital consists of the sum of basic capital shares. A limited company can be established by a single person or the company can have more than one partner. In this…

00March 21, 2022March 29, 2022

Decision Making Guide in the General Board of Limited Companies

The General Board in a limited company is the decision-making body formed by the presence of all the partners. It convenes once or more than once a year and takes decisions with the quorum of meetings and resolutions stipulated in the Law or in the Articles of Association on the matters to which it is…

00March 21, 2022March 29, 2022

How to Amend the Articles of Association of a Limited Company?

As in every Article of Association, Articles of Association of limited companies regulates important issues such as the basic structure and functioning of the company, its capital, rights, obligations and management of the partnership. For a company, the Articles of Association is almost like its constitution. For this reason, the Articles of Association of the…

00March 21, 2022March 30, 2022

Can A Sequestration Decision Be Made By Courts In Terms Of The Risks Of Banks That Have Not Yet Occurred?

Bankaların risklerinden olan “ibraz edilmemiş çek yaprakları ve teminat mektuplarına dayalı haciz alacakları” konusundaki görüş ayrılıkları, Yargıtay Büyük Genel Kurulu’nun çelişen kararlarının birleştirilmesine ilişkin kararlarıyla sonuçlanmaya başladı. Bu karar sadece teminat mektubu ve vadesi gelmemiş risk alacakları olarak ibraz edilmeyen çek yaprakları özelinde incelenmiş olmakla birlikte, bankacılık kanunu kapsamında kredi vadesi kapsamında tanımlanan risk gruplarının…

00March 8, 2022March 19, 2022

Share Transfer In Limited Companies

  Summary The realization of the transfer of principal capital shares of the limited companies which are established under a commercial title by one or more natural or legal entities and which are stock corporations, is subject to certain formal conditions in the Turkish Commercial Code and its justification. The validity of the share transfer…

00March 8, 2022March 13, 2022

General Conditions for Foreigners to Work in Turkey and Obtaining Work Permit

Foreigners have the right to work in Turkey within the framework of international law.[1] Benefiting from the fundamental rights in the Turkish Constitution by foreigners is subject to certain restrictions in accordance with international law. In this bulletin, we will convey the most frequently asked questions about the subject such as the conditions required for…

00August 26, 2021March 20, 2022

A Guide for Foreign Investors Wishing to Buy Real Estate from Turkey

Foreign real or legal persons can purchase real estate from Turkey. In fact, many restrictions regarding this have been removed, making it easier for foreigners to purchase immovable property from Turkey. However, if the foreigner wants to buy real estate in Turkey, he/she is still subject to some special restrictions. Within the framework of these…

0August 26, 2021March 21, 2022

Founding a Limited Company in Turkey: Questions About the Required Documents and Foundation Procedures

One of the most preferred company types in Turkish law is limited liability companies. More limited liability company types are recommended especially for medium-sized enterprises. Limited companies offer advantages to their partners in various aspects. Since they are a capital company, they present an institutional structure. A limited liability company partner is in danger of…

0August 26, 2021March 14, 2022

Transfer of Debts and Liability For Debts in Commercial Business Transfer

With the transfer agreement of the commercial enterprise, the assets, and liabilities of the enterprise pass to the transferee. When the commercial enterprise is transferred, the issues of who will be responsible for the debts, in what amount, for what period, and from when are kept in mind and are frequently the subject of disputes…

0August 26, 2021March 14, 2022

Transfer of Commercial Business and Legal Consequences of the Transfer

The commercial enterprise is a reference point in the definition and determination of many elements since it is the concept that is taken as “center” in the Turkish Commercial Code (TCC) No. 6102. Commercial enterprises are subject to many legal transactions as important economic factors. One of the most common of these is undoubtedly the…

00August 26, 2021March 15, 2022

Short Term Residence Permit

A foreigner who wishes to stay in Turkey for a longer period than the visa or visa exemption grants him/her must obtain a residence permit. Again, foreigners who want to be in Turkey for more than 90 days must obtain a residence permit. Different types of residence permits are regulated in Turkish law according to…

00August 14, 2021March 21, 2022

Investment Guide For Foreign Investors In Turkey

  Turkey has been a good alternative for investors in recent years with its geographical, economic and demographic structure. Current economic policies are shaped around the promotion and support of foreign investment. In this context, many innovations have been made in the foreign investment legislation that make investment attractive in Turkey and make the investor’s…

0June 21, 2021March 22, 2022

RESIDENCE PERMIT FOR FOREIGNERS

6 different types of residence permits are regulated in Turkish law for foreigners who want to stay in Turkey for various purposes such as working, studying, starting a business, diplomatic asylum, traveling and many more. A foreigner who wants to stay in Turkey for more than 90 days is required to have a residence permit….

0June 20, 2021March 22, 2022

FOREIGN COMPANY OPENING A BRANCH IN TURKEY

The foreign investor company may consider evaluating its investment by opening a branch in Turkey. Branches are established under the parent company and limited to its field of activity and duration. In order for a foreign company to open a branch in Turkey, the capital of the company must be divided into shares. Branches do…

00June 16, 2021March 23, 2022

Filing a Action for Compensation Due to Malpractice

It is a common situation that the hospital or physician applied for treatment harms the patient with ignorance, inexperience, lack of care, negligence or incomplete or wrong diagnosis and treatments. In our legal system, hospitals, physicians or, if any, the insurance companies of the physicians are held responsible for the compensation of the damages of…

0April 1, 2021May 10, 2022

OBTAINING WORK PERMIT FOR FOREIGNERS BY FOUNDING A COMPANY IN TURKEY OR BEING A PARTNER IN A TURKISH COMPANY

  One alternative for a foreign investor who wants to invest in Turkey is to create a new company in Turkey according to Turkish law. If the investor thinks that re-establishing a company is not advantageous for him/her, he/she may choose to become a partner in the company by purchasing the shares of a Turkish…

2March 24, 2021March 23, 2022

Employee And Employer Work Permits In Foreign Direct Investments

  The most basic requirement that foreign companies and individuals who want to invest in Turkey will need is an employee and employer work permit. This permission has been discussed in detail in our legal system, and separate conditions are stipulated for the company and the employees. It would be more accurate to include some…

0March 24, 2021March 24, 2022

An Investment Alternative For Foreign Companies: Establishing A Liaison Office In Turkey

Investors who want to invest in Turkey have many different options. The most advantageous investment type should be determined by considering many components such as the investor’s special conditions and short and long-term expectations from the investment. If the investor is planning to invest as a legal entity in Turkey, one of the options is…

0March 24, 2021March 24, 2022

WHO CAN CONVENE GENERAL ASSEMBLY IN LIMITED LIABILITY COMPANIES?

  In limited liability companies, one of the most important tasks of the General Assembly as a company body, is to make resolutions on behalf of the company. However, the rights and powers, and the convening of the General Assembly, which is the most important body of the company, are also determined by law and…

01February 19, 2021March 15, 2022

RESPONSIBILITY FOR DAMAGES INCURRED BY THE LIMITED COMPANY

Summary: A limited liability company may incur damages due to the violation of legal obligations by the founders, directors, board members, and liquidators. While the company incurs direct damages due to the limited company incurring damages, the company partners and creditors incur indirect damages. Partnership or the persons who incur damages may apply to those…

00February 19, 2021March 16, 2022

ASSESSMENT OF RESPONSIBILITIES OF PARTNERS AND COMPANY MANAGERS REGARDING OBLIGATION OF LOYALTY AND PROHIBITION OF COMPETITION TERMS IN LIMITED COMPANIES

Summary: Limited companies are established as capital companies and they are considered legal entities starting with the moment of their establishment. Starting at this very moment, it was attempted to have the shareholders and managers understand the rights and limits of the personality of the capital company by reminding them of the obligations such as…

00February 18, 2021March 16, 2022

SHARE TRANSFER IN LIMITED COMPANIES

Summary: The realization of the transfer of principal capital shares of the limited companies which are established under a commercial title by one or more natural or legal entities and which are stock corporations, is subject to certain formal conditions in the Turkish Commercial Code and its justification. The validity of the share transfer is…

00February 18, 2021March 9, 2022

MOST WONDERED TOPICS ABOUT CONSENSUAL DIVORCE

Divorce cases are cases that require sensitivity and care, as are any issues related to family and private life. Because there are cases in which decisions are made that will guide the future lives of the parties and common children, it is also important to manage the legal process well. It should be aimed to…

00February 18, 2021March 20, 2022

PROVISIONAL ATTACHMENT OF SHIPS

  Introduction: A provisional attachment is a legal measure imposed to ensure that money and collateral receivables can be secured. In Maritime Enforcement Law, a provisional attachment is imposed to secure marine claims, but since maritime trade has unique characteristics, special provisions are included. In this context, the matter of imposing a provisional attachment decision…

00February 18, 2021March 27, 2022

ACQUISITION OF TURKISH CITIZENSHIP THROUGH INVESTMENT

ACQUISITION OF TURKISH CITIZENSHIP THROUGH INVESTMENT Almost all countries have made special arrangements to easily grant citizenship to people who have certain qualifications. Turkey is also among these countries. It is possible for some foreigners to acquire citizenship of the Republic of Turkey due to their close interest and connections with our country, in a…

01February 15, 2021March 26, 2022

ACQUISITION OF SHIP’S PROPERTY

In its basic sense, property gives the rightful owner rights, such as preservation, claim and ownership on the property they own. In the case of ships’ property, the integral parts and accessories of the ship are evaluated within the scope of ownership. It is important to also and clearly identify issues that are not included…

00February 15, 2021March 28, 2022

The Effect Of Transfer Of Commercial Businesses And Workplace On Employment Contracts

With the transfer of commercial enterprises, it is possible to transfer assets and debts. The main principle of transfer of operation is that a business enterprise should be able to continue operating as it was transferred. To achieve this, the commercial relations of the commercial enterprise and the contracts made to maintain the business relations…

00February 15, 2021March 17, 2022

CURRENT ACCOUNT AGREEMENT

INTRODUCTION A current account agreement is an agreement that is frequently used in business and commercial life. Using this agreement, the parties have the opportunity to have some kind of exchange, discharging mutual claims and debts to each other separately. In this aspect, the current account agreement is both a means of payment and undertakes…

02February 15, 2021March 19, 2022

Legal Function and Conclusive Force of İnvoice and Objection to İnvoice

INTRODUCTION Ensuring certainty and stability in commercial life is one of the important elements that contribute to the principle of legal security and the country’s economy. Invoices for documenting and recording contracts drafted by merchants ensure that this element is implemented in commercial relations. In this bulletin, necessary information on the written form requirements of…

00February 15, 2021March 28, 2022

DELAYING THE PRONOUNCEMENT OF THE JUDGEMENT AND STATUTE OF LIMITATIONS

The prosecution proceedings are suspended temporarily by the “decision on delaying the pronouncement of the judgement”. How is statute of limitations applied on the decision on delaying the pronouncement of the judgement? Abstract The prosecution proceedings are suspended temporarily by the “decision on delaying the pronouncement of the judgement”. According to the law, during the probation…

00February 15, 2021March 18, 2022

Liability and Limits of Partners for Limited Liability Company Debts

  Abstract: While the legal entity is responsible for all assets due to the debts of limited liability companies, the debts of the partners against the company are limited.  In limited liability companies, the principle is adopted that partners are not responsible for company debts, except for public receivables. Subsidiary payment and ancillary obligations may…

00February 15, 2021March 17, 2022

RISK REDUCTION METHOD IN FOREIGN TRADE

STAND-BY LETTER OF CREDIT (Stand-by Letter of Credit)  One of the most important risks encountered in foreign trade is that the promised good is not in the amount, type, and quality specified in the contract or the price is not paid. It is observed that the parties generally tend to keep costs low such as…

00February 15, 2021March 26, 2022

PAYMENT METHODS IN INTERNATIONAL TRADE

The delivery of the goods sold in international trade, the payment of the price, and the occurrence of risks vary according to the delivery and payment methods accepted between the parties. The issue of which party the payment methods and the risk are mostly against is directly related to the payment methods and the costs…

00February 15, 2021March 27, 2022

Why Solmaz Law&Consultancy

Experience and Professionalism: We are at your side with our full professional attorney and consultancy service with our long and effective working experience with the company, holding and private clients.Trust and Quality: We transparently present the quality we have with our local and international publications and researches. You can work comfortably with us by relying…

00February 15, 2021March 9, 2022
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