ISTANBUL LIMITED COMPANY LAWYER

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ISTANBUL LIMITED COMPANY LAWYER

The limited liability company is regulated in accordance with Article 578 of the Turkish Commercial Code. Limited liability company advocacy refers to the legal consultancy provided to limited liability companies. Istanbul Limited Company Lawyer, who performs a very important task in order to prevent limited liability companies from experiencing legal loss of rights and interests; provides legal framework of company activities, preparation of the company establishment contract, establishment of the company, company activities and affairs, legal consultancy and professional assistance.

In limited liability companies, various legal disputes arising from internal relations may arise as well as legal disputes related to personnel. For example; Disputes arising from the process of dismissal of the employee working in the limited liability company for a justified reason or commercial relations established with third parties may occur. In all legal disputes that may be encountered in commercial life, the Istanbul Limited Company Lawyer provides legal assistance, protects the rights of the company and observes the benefit of the company.

Limited liability companies start their commercial activities from the moment of establishment. Many issues, especially the transactions carried out by the Company in the field in which it will operate, commercial relations to be established with third parties, consultancy contracts, business contracts, purchase and sale contracts, are subject to the legal order and therefore to the laws. To commit erroneous or negligent transactions contrary to the law; it can damage the company's reputation and commercial identity. In order to prevent the company from experiencing  loss of rights and benefits, it would be the best choice to apply for legal consultancy services from an expert Istanbul Limited Company Lawyer before facing such bad results. Thanks to the  information transfer and legal guidance to be made by the Istanbul Limited Company Lawyer, possible disputes to be encountered in commercial life will be prevented. Time and financial gain will be obtained thanks to the legal consultancy to be obtained in the resolution of the disputes to which you are a party, the collection of your valuable documents, the execution follow-up and the provision of receivables.

IS IT NECESSARY FOR A LIMITED COMPANY TO HIRE A LAWYER?

 

Limited liability companies are different from joint stock companies due to their unique characteristics. The commercial life, which begins with the establishment of the limited liability company, is faced with a risk factor at any time due to the fact that the company shows a self-binding feature in all its business, transactions and activities. In this context, the progress and supervision of all kinds of legal relations to be established between the limited liability company and third parties under the supervision of  the Istanbul Limited Liability Company Lawyer prevents erroneous and negligent transactions and irreparable legal losses in the future. Unlike joint stock companies, there is no obligation to have a lawyer in limited liability companies or ordinary companies. Although it is not an obligation, it is necessary to have a lawyer in Limited Liability Companies. The importance of the Limited Liability Company in having a lawyer manifests itself in terms of providing solutions to legal problems that may arise in the internal functioning of the company or in its commercial relations with third parties. As a matter of fact, legal disputes related to the employees of the limited liability company or disputes in its relations with third parties and companies will often come up in commercial life. A company lawyer with expertise in relevant legal disciplines, especially commercial law and labor law; It protects the commercial identity, reputation, interest and rights of the limited liability company. In addition, thanks to preventive legal assistance, it ensures that the company operates in accordance with the legal order and that the disputes that may occur in the company life are foreseen and resolved in advance.  As Istanbul Company Lawyer, we provide legal services within the scope of corporate law.

WHAT DOES A COMPANY LAWYER DO?

 

  • Examines the contracts drawn up by the Company; controls the contracts prepared by the other party.
  • Carries out all execution proceedings on behalf of the Company and ensures collection.
  • Takes the necessary legal actions against all tax disputes related to the Company.
  • Provides legal support to the human resources department.
  • Prepares the company's employment contracts.
  • It files lawsuits on behalf of the company and follows up the lawsuits filed against the company.
  • It follows and guides all legal procedures from the establishment of the company to its liquidation.
  • It carries out the capital increase and decrease operations of the company.
  • It protects the rights of the employee and the employer in disputes arising from labor law between the company and the employee.
  • It gives the necessary answers to the notices/notices sent to the companies.
  • It ensures that the employee personnel files are arranged in a way that does not cause conflict in the future.
  • Issues termination documents.
  • Responds to salary liens.

HOW TO CHOOSE A COMPANY LAWYER IN ISTANBUL?

 

Companies should carefully select the lawyers and law firms they will work with because they need legal advice and advocacy services while  continuing their activities. It needs an Istanbul Limited Liability Company Lawyer who is specialized  in the fields of labor law and commercial  law.  Companies can be parties to business and disputes that concern every branch of law, as well as face disputes in every branch of law. This multifaceted legal aspect of companies  Law offices consisting of lawyers specialized in different branches are preferred in order to follow their work in a single center. At the same time, Companies that need regular reporting should be available to the legal service at any time. Time and discipline are very important for the orderly and error-free progress of things in companies. If the process of establishing a Limited Liability  Company is followed together with an experienced Istanbul Company Lawyer, it will be ensured that the rights granted to you by the law can be used effectively.  With the support of Istanbul Limited Company Lawyer  , the person can use his rights effectively and quickly. We serve as an experienced Istanbul Limited Company Lawyer operating in Istanbul and represent you in law courts. As  Istanbul Company Lawyer, we provide support for the follow-up and management of the process as a law firm that provides regular reporting and services in different branches.  As Istanbul Limited Company Lawyer, if a proxy relationship is established, we provide legal assistance to your company from the establishment stage to the continuation of its commercial life.  As Istanbul Company Lawyer, we provide services related to civil cases opened against you all over Turkey, especially in Alanya, Ankara, with our crowded team of lawyers.

ESTABLISHMENT STAGES OF LIMITED PARTNERSHIP

 

 A limited partnership is formed through several stages. In terms of the stages of liberation, especially the TSY 90 regulation is of great importance. In this regulation, the documents to be submitted to the trade registry directorate during registration are regulated. Taking this arrangement into consideration, I can outline the establishment stages as follows: The first of these stages is the partnership of founders. In other words, the partners come together and show their will to form a limited partnership. The next activity to be done is to value the same capital if some partners want to bring in-kind capital to the partnership. Because this appraised value must be included in the partnership agreement. In this respect, the rules in the joint stock partnership, especially the TCC 343 also find application in terms of limited partnership Then the preparation of the partnership agreement is started. In the partnership agreement prepared, the pre-partnership is established by notarizing the commitment of the capital and the signatures of the founders in the notary or by signing the said contract (i.e. the partnership agreement) in the presence of the director or deputy of the trade registry. With the establishment of the pre-partnership, some transactions should also be carried out between the registration and the announcement. First of all, a quarter of the cash capital, as a rule, must be paid. In this context, TCC 344 and 345 also find application in limited partnerships (TCC 585 and also TSY 90/I h). Likewise, since the payment mentioned in Decree 39 c is also in the case of limited partnerships, this payment must also be made and the receipt must be attached to the application. The other documents specified here and in TSY 90 are attached and applied to the trade registry directorate. The records that must be included in the application petition are specifically specified in the law (TCC 586/ III). Following these, the last stage is registration and announcement (TCC 587). With registration, the partnership acquires legal personality (TCC 588).  As the Istanbul Limited Liability Company Establishment  Lawyer, we  can be defined as the European side Limited Liability Company Lawyer  and Anadolu Limited Company Lawyer.

LIMITED COMPANY ESTABLISHMENT

 

The most important stage in terms of the establishment of the limited liability company is the preparation of the partnership agreement. If the partnership is formed by more than one partner, the partnership agreement becomes a real contract. However, in the form of a one-man partnership, it is more accurate to talk about a unilateral legal transaction rather than a contract. The limited liability company agreement is the constitution of the partnership and regulates the relations of the partners with the partnership and with each other, and in particular the legal status of the bodies. I should also mention that because of their importance, company contracts are not only valid between the founders who make the contract. On the contrary, it is binding on the partners who will join the partnership in the future. With these features, the partnership agreement has the character of an organization contract. As with the contracts of all other trading partnerships, the limited partnership agreement is also legally bound to form. According to TCC 575, the partnership agreement must be made in writing and the signatures of the founders must be notarized or the written contract must be signed by the founders in the presence of the director of the trade registry or his deputy. This form is a condition of validity. Again, as in other trade partnerships, in the limited partnership, the legislator has specifically regulated the records that must be included in the partnership agreements. (TCC 576). However, not all of these records are mandatory, some of them will only be included in the partnership agreement if stipulated. For example, according to TCC 576/I c, if there are privileges in the partnership, they must be included in the partnership agreement. Apart from this exception, all other records that are understood to be mandatory from TCC 576 must be included in the limited partnership agreement. If even one of these entries is not included in the partnership agreement, the director of the trade registry will not register this agreement in the commercial register. ( TCC 32/II ). The mandatory elements that must be included in the partnership agreement by law are as follows:

  • The trade name of the partnership and the location of its headquarters. The partnership center, which must be regulated in partnership agreements, is important in many respects. Indeed, firstly, the partnership is registered and announced in the commercial register at the center stipulated in the contract. (TCC 587/I). Again, according to HMK 14/II, the court where the headquarters of the partnership is located is final authority for the lawsuits filed by a limited partnership against a partner or by one partner against others in this capacity, provided that it is limited to partnership relations. See also HMK 6 on this subject.
  • The business subject of the partnership, the essential points of which are specified and defined, must also be included in the partnership agreement (TCC 576/I b). From this arrangement, it is understood that the business subject of the partnership must be concretized. Therefore, in the partnership agreement, in which business area the partnership is located, for example, computer, car, immovable and in what form, for example, consulting, production, intermediation, etc. It is imperative to indicate that you want to be active. Therefore, it is obligatory to specify the subject of the partnership in an ambiguous subject, for example, "the partnership will carry out all kinds of commercial transactions". Therefore, it is impossible to specify the subject of partnership in an ambiguous subject, for example, "the partnership will carry out all kinds of commercial transactions".
  • The amount of the reputation of the charter capital, the number of capital shares, their nominal value, the privileges, if any, and the groups of the main capital shares must also be included in the partnership agreement ( TCC 576 / I c ). In addition, in my opinion, if some of the partners bring in-kind capital, since TCC 578 refers to the rules of joint stock partnership, a rule in accordance with the provision of TCC 339/II e will also be obliged to be included in the limited partnership agreement.
  • Names and surnames of the directors, their titles and nationalities (TCC 576/I d). In a limited partnership, the manager and representative are the directors of the organ. (Attention, as in a joint stock company, it is not the board of directors). Directors can be natural persons as well as legal entities can be elected as directors ( TCC 623 ). The names, surnames and citizenships of the natural person directors and the trade names of the legal entity directors must be included in the partnership agreement.
  • Form of announcements to be made by the Partnership (TCC 576/I e). In addition to the mandatory elements stipulated in TCC 576, a long list of some issues is specified in TCC 577 and it is stated that these will become binding only if they are included in the partnership agreement. As a result, even if the partners unanimously decide on the issues contained in TCC 577, they cannot be binding unless they are included in the partnership agreement. In addition, I find it useful to state here that the issues that will be binding if it is included in the limited partnership agreement are not limited to the situations foreseen in TCC 577. Apart from these, there are other issues that will become binding if stipulated in the partnership agreement.

As a lawyer for Istanbul Limited Company, we provide legal consultancy and legal representation services to our clients within the scope of company law.

 

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