Ankara Commercial Law Attorney - Corporate Lawyer
Ankara commercial and corporate law attorney; The Turkish Commercial Code No. 6102 of 2011, which is an important part of the Civil Code No. 4721 of 2001, is the basis of commercial law. The Commercial Code is separated into six books. These are: Commercial Enterprise, Commercial Companies, Negotiable Documents, Transport Affairs, Maritime Trade, and Insurance Law. It contains 1535 articles and 13 temporary articles.
Some of the legal services provided as Ankara commercial law attorney and Ankara corporate lawyer:
Legal advice. Competition law, unfair competition lawsuits, compensation based on unfair competition. Company establishment procedures. Contract preparation and review. Initiation of enforcement proceedings on commercial receivables. Cases related to negotiable instruments law. Company transfer, merger, etc. transactions, acquisitions and sales of companies. Bankruptcy - postponement of bankruptcy, concordat. Share transfer transactions, loan agreement, pledge, leasing. Issuance of a warning and a response notice. Prevention of infringement of trade name. Negotiable instruments, bills, checks, policies.
Custody contract, customs cases. Commercial sale, commercial goods exchange contract, current account contract, agency. Board of directors - matters about members of the general assembly. Cancellation of the resolution of the board of directors or the general assembly. Commission contract, contract of carriage, contract of work, negotiorum gestio. Preparation of partnership agreement, investment consultancy. Liquidation or dividend, distributorship and franchising agreement. Settlement of international disputes. Completion of the application and later procedures to international arbitration. Translation of contracts from a foreign language.
A few of the common cases in practice are: Action of claim, action for annulment of objection. Determination of unfair competition by court decision, unfair competition prevention. Elimination of financial situation and compensation, bankruptcy, which is the result of unfair competition. Postponement of bankruptcy and concordat, material and moral compensation. Cases originating from consumer law and related to receivables; cases originating from tax law and using title.
Importance of commercial law
Commercial law, also known as business law, refers to the set of legal rules and regulations that govern the conduct of businesses and commercial transactions. The importance of commercial law can be seen in the following ways:
Legal Compliance: Contracts, employment legislation, intellectual property, and taxation are just a few of the corporate operations that are governed by commercial law. Businesses can operate legally and steer clear of potential legal troubles by adhering to certain regulatory criteria.
Protects Business Interests: Commercial law provides legal remedies to businesses when their rights are infringed upon by others. It provides defense against unfair competition, breach of contract, and infringement on intellectual property.
Enhances Transactions: Commercial law assures that business dealings are legitimate, enforceable, and transparent. This gives parties involved in transactions confidence, which promotes extra business transactions.
Encourages Economic Expansion: By giving enterprises the appropriate legal foundation for conducting business, a robust commercial law system fosters economic growth. This promotes innovation, job growth, and foreign investment.
To sum up, ensuring that businesses operate within the law, safeguarding their interests, enabling business transactions, and encouraging economic progress are all made possible by commercial law.
Importance of corporate law
Corporate law is a branch of commercial law that regulates how corporations are created, run, and dissolved. The examples that follow show the significance of corporation law:
Legal Conformity: Corporate law lays out the rules that businesses must follow in order to conduct themselves legally. The company must be registered, have proper records, and adhere to all legal and regulatory obligations, such as tax laws, environmental laws, and health and safety standards.
Limitation of Liability: According to corporate law, shareholders have limited liability protection, which means they are only responsible for the obligations of the firm to the degree of their investment. This shields shareholders from monetary liabilities and promotes corporate investment.
Generating Revenue: The structure provided by corporate law allows businesses to raise money by issuing shares and other instruments. This makes it easier for firms to develop and thrive, which can benefit the economy.
Corporate Management:: The legal framework for corporate governance, as well as the duties of directors, executives, and shareholders, is outlined in corporation law. This encourages responsibility, openness, and moral behavior in business decisions.
Acquisitions and Mergers: Corporate law regulates the legal requirements necessary for mergers and acquisitions, including as regulatory compliance, shareholder approval, and due diligence. This makes company mergers easier, which may result in higher productivity and competitiveness.
To summarize, corporate law is essential for ensuring that businesses operate within the law, safeguarding shareholder interests, facilitating capital raising and business expansion, encouraging good corporate governance, and facilitating mergers and acquisitions.
Commercial cases can be absolute or relative. Some cases are considered commercial even if the parties involved are not traders or the work is not related to a commercial enterprise.
Absolute commercial cases are specified in Article 4/1 of the Turkish Commercial Code and some special laws. Relative commercial cases refer to civil lawsuits arising from matters related to the commercial enterprise of both parties. (Conditions are that both parties are traders and the dispute is related to the commercial enterprise of both parties.)
Merchant - Commercial Enterprise - Company - Tradesman
Under Turkish Commercial Code No. 6102, a merchant or trader is anyone who operates a commercial enterprise, even partially, on their behalf. Registering the business with the trade registry or advertising the business through various means is enough to be considered a trader. A commercial enterprise aims to generate income exceeding the limit set for tradesman enterprise, and the activities are carried out continuously and independently. The boundary between the commercial and tradesman enterprises is indicated in the decree to be issued by the Council of Ministers. According to Article ..., those whose economic activity is based on physical work and whose income doesn't exceed the limit in the decree are considered tradesmen. Being a taxpayer or not registered with the Trade Registry or the Chamber is not enough proof to distinguish between traders and tradesmen. Also, considering someone as a tradesman under the Tax Procedure Law does not necessarily mean being accepted as a tradesman under the Turkish Commercial Code (Court of Appeals 6th Chamber 2015/10215, 2016/5589).
Obligations and Consequences of Being a Merchant(Trader)
Deciding on and employing a trade name. Acting like a prudent businessman. Being subject to bankruptcy provisions. Being mandated to keep financial accounts.
Registration in the registry and chambers. To be subject to the presumption of commerce. Being subject to commercial customs. Being subject to special provisions in sales and exchanges of goods.
Inability to ask for a reduction in the fee and penalty. To have the right right of retention. To be bound by the form in warnings and notices.
It is essential that a trader's debts are commercial. Yet, if a real person trader clearly informs the other party that the transaction is not related to the commercial enterprise at the time of making the transaction or the situation is not suitable for the work to be considered commercial, the debt is considered ordinary (Turkish Commercial Code article 19/1).
Teker Law Firm is a full-service law firm, providing high-quality legal services in Ankara and other cities for both domestic and international clients. As a leading Turkish law firm, we have a team of experienced lawyers who are committed to providing cutting-edge legal solutions that meet the needs of our clients. Our team has a deep understanding of the regulatory environment and the legal landscape in Turkey, and we work closely with our clients to provide comprehensive legal advice and representation.
Our reputation as a leading Turkish law firm is built on our commitment to delivering high-quality legal services. We pride ourselves on our expertise and our ability to provide tailored legal solutions that meet the unique needs of each of our clients. With extensive experience providing legal support to clients domestically and internationally, our team is committed to offering the best possible legal advice and representation possible to help you achieve your goals.
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