Commercial Lawyer in Muğla

Yes. Legislation on direct foreign investment places foreign investors on an equal footing with domestic investors, and no special permission is required for company formation. The process requires a potential tax identification number and notarised translations of the passport and supporting documents for foreign shareholders and directors. Formation is completed through the trade registry.

No. Holding shares does not by itself confer a right to work. A foreign national who will actually work in the company — including in the capacity of director — needs a separate work permit. This is overlooked frequently and results in penalties for unauthorised work, imposed on the company and the individual alike.

Not for every company type; formation can be completed through the trade registry. But the articles of association are the constitution of the relationship between the shareholders: transfer restrictions, the scope of representation authority, general assembly quorums and profit distribution are all settled there. Where a template is used and these are left unaddressed, later disputes are resolved by the general provisions of the law, which rarely reflect what the founders expected.

Unless otherwise provided, all commercial actions are heard by the commercial court of first instance regardless of the value or amount claimed. Where there is no commercial court in the judicial district, failure to invoke the rule of jurisdiction does not require a decision of lack of jurisdiction — the civil court of first instance continues with the case. The relationship between these courts is one of jurisdiction, so the procedural rules on jurisdiction apply.

For commercial actions whose subject is a sum of money — debt, damages, setting aside an objection, negative declaration and restitution — yes. Applying to a mediator before bringing the action is a condition of the action, and an action brought without it is dismissed on procedural grounds without the merits being examined. Commercial actions that do not concern a sum of money are not subject to this requirement.

The mediator concludes the application within six weeks of the date of appointment. That period may be extended by the mediator by a maximum of two weeks where necessary. If the matter settles, the settlement document provides a strong position for enforcement; if it does not, the final report is attached to the claim form when the action is filed.

Eight days. A person who receives an invoice and raises no objection to its content within eight days of receipt is deemed to have accepted that content. The same eight-day rule applies to letters confirming contracts or statements made by telephone or other communication tools. Objection should be made by a method that can be proved — notary, registered post with return receipt, or registered electronic mail.

Between merchants, where the defect is clearly apparent at delivery the buyer must notify the seller within two days. Where it is not apparent, the buyer must inspect or have the goods inspected within eight days of delivery and, if a defect emerges, notify the seller within that period. These periods are much shorter than in consumer transactions, and failure to notify in time results in the loss of the rights based on the defect.

Resolutions contrary to the law, to the articles of association and in particular to the rule of good faith may be challenged by an annulment action brought within three months of the date of the resolution, before the commercial court of first instance at the company's registered office. The three-month period is a forfeiture period, so establishing the date of the resolution and the claimant's standing is the first step.

As a rule no; the shareholder is only obliged to pay the capital they have undertaken. There is an important exception for public debts: shareholders of a limited company are directly liable, in proportion to their shareholding, for public debts that cannot be collected from the company. Directors face wider liability. Because of this, the dates of registration of share transfers and resignations must be compared with the dates the debts arose.

Directors are liable to the company, to shareholders and to company creditors for loss caused by breaching their duties under the law and the articles of association through their own fault. Because liability is fault-based, the records showing that the duty of care was discharged — board minutes, dissenting votes, legal and financial opinions obtained — form the backbone of the defence. They cannot be created afterwards, so they must be kept during the term of office.

The law provides for an equalisation claim on termination of an agency relationship, where the principal continues to derive substantial benefit from customers introduced by the agent, the agent loses commission it would otherwise have earned, and payment is equitable in the circumstances. The compensation may not exceed the average of the annual commissions received over the last five years. The provision also applies, unless inequitable, to exclusive distributorships and similar continuing relationships granting exclusivity, and the claim must be brought within one year of termination.

Beyond the risk of administrative penalties, the real consequence is evidential. Books that are not kept in accordance with the rules cannot be used as evidence in favour of their owner, but may constitute evidence against them. In disputes where the existence of a debt is contested this changes the outcome directly. Book keeping is also taken into account in bankruptcy and composition proceedings when assessing the debtor's good faith.

Where a cheque has been marked as unpaid, enforcement proceedings by attachment specific to negotiable instruments may be started to recover the amount. Separately, the Cheque Act provides its own sanction where a person causes a cheque to be marked unpaid, and that route is pursued by complaint. The two are not alternatives; they can be pursued together.

Merchants and public legal entities may enter into a jurisdiction agreement designating a particular court for disputes between them. Parties who are not in those categories cannot. An arbitration clause is a separate option, but arbitration costs and procedure produce different consequences from litigation, so the choice should be made by reference to the contract value and the counterparty's location.

The parties may draft the contract in any language. But if the dispute comes before a Turkish court, the foreign-language text must be translated by a sworn translator, and differences in translation become an argument of their own. For that reason bilingual drafting, with an express statement of which text prevails, is preferable. The governing law and the competent forum should be stated equally clearly.

It is a measure that secures a monetary claim by provisionally attaching the debtor's assets, before or together with proceedings. The claim must not be secured by a pledge and, as a rule, must be due. The court usually orders security to be provided. Timing decides everything: an order obtained after the debtor has disposed of their assets is generally worthless, so in files with a recovery risk it is treated as the first step.

Composition is a procedure allowing a debtor who cannot pay debts as they fall due, or who is at risk of that, to restructure them by agreement with creditors. Where the preliminary project and financial statements presented to the court are found sufficient, a temporary moratorium is granted and no proceedings may be taken against the debtor during it. For creditors, the moratorium changes the collection timetable entirely, so notifying the claim in time and being represented at the creditors' meeting matter.