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...
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...
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...
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...
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...
The general assembly is the decision-making body formed with the participation of all the partners of the limited company. It convenes once or more than once a year and takes decisions with the quorum of meetings and resolutions stipulated in the Law or the company contract on the matters authorized by the company. The majority required to...
As in every company agreement, important issues such as the basic structure and functioning of the company, its capital, partnership rights and obligations and management are regulated in the articles of association of limited companies. The articles of association for a company are almost like the constitution of the company. For this reason, the articles of association...
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...
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...
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...
