It is the spirit and not the form of law that keeps justice alive.

Earl Warren

PUBLICATIONS

MANDATORY MEDIATION FOR CERTAIN TYPES OF COMMERCIAL DISPUTES

The Law No. 7155 on the Procedure for Initiating Enforcement Proceedings based on Monetary Receivables Arising from Subscription Agreements (the “Law No. 7155”) was published in the Official Gazette dated 19.12.2018 and numbered 30630. Apart from laying down the provisions regarding the enforcement proceedings to be initiated based on receivables arising from subscription agreements, the Law No. 7155 contains a number of articles that amend other laws, one of which is the Turkish Commercial Code No. 6102.

Ergin MİZRAHİ

Lawyer

Ömer GÜMÜŞEL

Lawyer

Practice Areas:
#Litigation

Tags:
#commercial code
NEW COMMUNIQUÉ ON COMPANY’S INCORPORATION

The Communiqué on the Signing of a Company’s Incorporation Articles of Association before the Trade Registry Directorates which was issued by the Ministry of Customs and Trade has entered into force with the publication of the Official Gazette dated 06.12.2016 and numbered 29910 (the “Communiqué”).

Özlem BULUT PENEZOĞLU

Lawyer

Practice Areas:
#Foreign Investment Law #Commercial Law, Corporate Law, Business Law

Tags:
#joint stock company #commercial code
DEVELOPMENTS IN TRANSFER PRICING

11.10.2016

The Law No. 6728 Amending Some Laws for the purpose of Improvement of the Investment Environment entered into force with the Official Gazette dated 09.08.2016 and numbered 29796 (the “Law No. 6728”) and the following matters in Article 13 of the Corporate Tax Law No. 5520 has been amended in order to overcome the problems that may be experienced in practice and to comply with the international legislation.

Özlem BULUT PENEZOĞLU

Lawyer

Cansu MACİT

Lawyer

Practice Areas:
#Tax Law #Foreign Investment Law #Commercial Law, Corporate Law, Business Law #Banking and Finance Law

Tags:
#financing #asset management #Tax #capital markets #commercial code #capital movements circular
REQUIREMENT OF INTERNAL DIRECTIVE IN LIMITATION OF REPRESENTATION AUTHORITIES

14.11.2014

In relation to the authorities to represent and bind legal entities, the TCC Law No: 6102 which is entered into force on 2012 states that unless otherwise stipulated in the articles of association, the representation powers shall belong to the board of directors to be exercised by two joint signatures and that the limitations on the representation authorities shall not be binding on bona fide third parties until the registration and announcement of such limitations with the trade registry. The board of directors may transfer its representation authorities to one or more members of the board of directors or third party managers; however the limitations which shall be binding on bone fide third parties are restricted to prescribing signatory authorities for headquarters or braches of such company or to imposing joint signature requirements.

Özlem BULUT PENEZOĞLU

Lawyer

Senem GÖLGE YALÇIN

Lawyer

Practice Areas:
#Commercial Law, Corporate Law, Business Law

Tags:
#mersis #representation #commercial code
NEW IMPLEMENTATIONS ON TURKISH TRADE REGISTRY

14.11.2014

The new Turkish Commercial Code numbered 6102 which entered into force on 1 July 2012 (“TCC”) introduced numerous significant changes with respect to ways business is conducted in Turkey. Among which, the Central Registry Record System (“MERSIS”) is the one of the new systems, established by the cooperation of the Ministry of Customs and Trade (“Ministry”) and the Union of Chambers and Commodity Exchanges of Turkey (“TOBB”) in accordance with Article 24 (2) of the TCC stipulating that a registered data bank shall be set up by the said Ministry in order to store the required content to be registered and announced electronically.

Ferhat PEKİN

Lawyer

Practice Areas:
#Commercial Law, Corporate Law, Business Law

Tags:
#mersis #commercial code

PUBLICATIONS

MANDATORY MEDIATION FOR CERTAIN TYPES OF COMMERCIAL DISPUTES

NEW COMMUNIQUÉ ON COMPANY’S INCORPORATION

DEVELOPMENTS IN TRANSFER PRICING

REQUIREMENT OF INTERNAL DIRECTIVE IN LIMITATION OF REPRESENTATION AUTHORITIES

NEW IMPLEMENTATIONS ON TURKISH TRADE REGISTRY

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