İstanbul Company Management Lawyer

Anasayfa / Makalelerimiz / İstanbul Company Management Lawyer

İstanbul Company Management Lawyer

Istanbul company management attorney provides legal consultancy services in the areas that arise from the Commercial Law and concern the companies, such as the necessary increases in the company's capital. The corporate attorney is also known as the person who protects the rights of the company against the workers.

Although commercial law is one of the branches of private law, it is one of the fields where knowledge and experience are required at a high level. One of the most important topics in commercial law is Corporate Law.

Contracts are generally agreements that are formed by the mutual consent of the two parties. The company contract takes place completely differently in the Turkish Law of Obligations. In the Turkish Code of Obligations, contracts usually include one party as debtor and creditor. However, the debtor is not included in the company contract together with the receivable. There are mostly statements of will that are compatible with each other.

Although companies are generally subject to more than one distinction, the most important distinction is how high the Affectio Societatis element of the company is. The meaning of the Affectio Societatis element is known as active joint participation. If the active participation of the company partners in the company's business is high, this company usually takes place as a partnership company.

Even if it is not mandatory for every company to receive legal support, it is obligatory to have an attorney in joint stock companies with a capital of 5 times or more than the basic capital ratios determined in the Turkish Commercial Code.

 

Which Companies Have Legal Personality?

Companies with legal personalities are companies that have regulations in the Turkish Commercial Code. Companies with legal personality and legal personality can be listed as follows:

  1. Joint Stock Company
  2. Limited Company
  3. Collective Company
  4. Commandite Company
  5. Co-ops

Companies with legal entities are liable for the debts of the company in the first degree. The liability of the partners of the company for the debts differs due to the fact that the company is a partnership company or a capital company.

 

Responsibility of Partners in Partnership Companies

In partnership companies, the partners are second-degree or unlimitedly liable for the debts. Partners who are authorized in partnership companies are liable for debts with all their assets and unlimitedly.

One of the types of partnership companies is a collective company. The collective company is known as a sole proprietorship, which is not very common in Turkey. A collective company is formed with at least 2 real person partners. It is obligatory to include the name and surname of one of the partners of the collective company and the expression of the collective company.

Another company that is one of the sole proprietorships is a limited partnership company. A limited partnership generally has different characteristics from other companies in terms of partners.

 

Responsibilities of Partners in Capital Companies

The liability of the partners in the capital companies to the creditors of the limited liability company and the joint stock company differs. The partner of the company, who does not have a board of directors in the joint stock company and does not have any management or representation power in the company, has no responsibility for public debts. A limited liability company partner is responsible for public debts with a capital share, even if he or she does not have a managerial position or representation authority in the company.

In joint stock companies, the partners are liable to the company only to pay the basic capital shares they have committed and to the company. Company creditors do not apply to company partners in any way in order to obtain their receivables. However, the company can apply to the partners for the payment of the commitment. In such cases, the partners may be natural persons or legal entities.

 

Companies Claim Interest Without an Interest Agreement?

Companies are commercial enterprises that have legal entities other than ordinary partnerships. Companies have a legal personality and the title of trader belongs to the company itself.  Legal entities do not have an ordinary business area. There is a definite presumption that the works of the companies are commercial. Even if the parties do not ask for interest in the commercial works, the parties have the right to demand interest later on.

 

What Services Does a Company Attorney Offer?

Even if company attorneys offer different services according to the company's wishes and demands, the main duties of company lawyers can be listed as follows.

  1. Preparation of the articles of association required for the establishment of the company,
  2. Following the required registration and announcement process of the company,
  3. Changing the articles of association when necessary,
  4. Resolving disputes that may arise from unfair competition,
  5. Protection of the rights of the company against the workers,
  6. Process of collection of company receivables
  7. Protection of the legal relations and interests of the company,
  8. Follow-up of company notices

 

 

Hakkımızda
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İletişim Bilgileri
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