Frequently Asked Questions

Seven days from the date the decision is served on you, your legal representative or your lawyer. The application is made to the administrative court, and you must also notify the authority that issued the decision. The court's ruling is final. Unless you consent otherwise, you cannot be removed from Turkey during the period allowed for the application or while the proceedings are pending.

Detention in a removal centre may not exceed six months. It may be extended by up to a further six months only where the removal process cannot be completed because you do not cooperate or do not provide correct information or documents about your country. The governorate must assess every month whether continued detention is necessary, and detention must be ended immediately where it is not.

Yes. You, your legal representative or your lawyer may apply to the magistrate judge. The application does not suspend the detention. The judge decides within five days and that decision is final. You may apply again if the circumstances justifying detention have ended or changed. Where you cannot afford a lawyer, legal assistance is provided on request under the Attorneys Act.

The law provides for residence at a specified address, reporting obligations, family-based return, return counselling, voluntary work in services of public benefit, a financial guarantee, and electronic monitoring. Where one or more of these is imposed, the total period may not exceed twenty-four months. An electronic monitoring decision can be challenged before the magistrate judge, who decides within five days.

There are six types: short-term, family, student, long-term, humanitarian, and permit for victims of human trafficking. Each has different conditions, durations and consequences. Applying under the wrong type leads to refusal on that ground alone, and refusals stay on your record and affect later applications. This is why the type is settled before anything is filed.

A short-term permit is not granted, or is cancelled and not renewed, where one or more of the statutory conditions is not met or ceases to exist, where the permit is found to have been used for a purpose other than the one it was granted for, or where there is a valid deportation decision or entry ban against you. Cancellation on grounds of time spent outside Turkey is governed by regulation, which is why long absences are a common cause.

Common examples are holding a student residence permit without actually pursuing studies, or working while holding a short-term permit granted for another purpose. Where this is established the permit is cancelled and you may be asked to leave Turkey. The cancellation is an administrative act and can be challenged, but in practice it is often faster to assess whether you qualify for a different permit type.

For foreign nationals already in Turkey the application is made by the employer, online and on your behalf. If you are applying from abroad, you apply to a Turkish consulate in your country and your employer completes the domestic side of the application within the same period. A work permit is valid for the employer and workplace for which it was issued; a change of employer requires a new application.

No. Being a shareholder does not by itself give you the right to work. A foreign national who will actually work in the company — including as a director — needs a separate work permit. This distinction is frequently overlooked and leads to penalties for unauthorised work, which are imposed on both the employer and the foreign national.

The Turquoise Card is a document in the nature of an indefinite work permit, granted to foreign nationals considered qualified by reference to their education, professional experience, contribution to science and technology, or the investment and employment effect of their activity in Turkey. The first three years are a transition period; if the assessment at the end of it is positive, the transition annotation is removed. Family members of the holder are also granted residence.

For the ordinary route the applicant must be of age and have capacity under their own national law; have resided in Turkey without interruption for five years before the application; confirm by their conduct an intention to settle in Turkey; have no disease constituting a danger to public health; be of good moral character; speak sufficient Turkish; have income or a profession sufficient to support themselves and their dependants; and present no obstacle in terms of national security and public order.

No. Marriage to a Turkish citizen does not confer citizenship directly. A foreign national who has been married to a Turkish citizen for at least three years, where the marriage subsists, may apply. The conditions examined are living together as a family, not engaging in activity incompatible with the marriage, and presenting no obstacle in terms of national security and public order. If the Turkish spouse dies after the application, the requirement of living together is not applied.

The law allows foreign nationals who make investments within the defined scope to acquire Turkish citizenship by presidential decision, provided there is no obstacle in terms of national security and public order. The categories of investment and the minimum amounts are set by secondary legislation and have changed several times. For that reason the current figures and conditions must be confirmed before any commitment is made — this is not a page to rely on for the amount.

A restriction code is an entry on your record that triggers limits on entry to Turkey or on residence. It can cause residence applications to be refused or entry to be prevented at the border. Where the underlying administrative act was unlawful, or the reason for the code no longer exists, removal can be requested from the administration and, if refused, through an annulment action. The first step is establishing which code has been applied and on what basis.

Overstaying leads to an administrative fine and, depending on the length of the overstay, to a ban on entering Turkey. The length of the ban is set by reference to the overstay and your circumstances. Paying the fine and leaving voluntarily can affect the duration of the ban. Because later residence applications are directly affected by this record, an overstay should be addressed immediately rather than left to run.

There are three. Refugee status applies to those unable to return to their country owing to a well-founded fear of persecution arising from events in European countries. Conditional refugee status applies to those with the same fear arising from events outside Europe. Subsidiary protection is granted to those who qualify for neither but would face the death penalty, torture, or serious harm from indiscriminate violence if returned. The status affects the rights and the timescales that follow.

No. Temporary protection is granted to people who have been forced to leave their country and have arrived at the borders in a mass movement seeking urgent protection; it is applied without an individual status determination. International protection is decided individually on application. The two regimes differ in their rules on work, travel and residence, and change of province and work permits under temporary protection are subject to separate authorisations.

Not automatically. A recognition or enforcement action must be brought. Recognition gives the judgment the effect of a final judgment and of conclusive evidence; enforcement allows it to be executed in Turkey. The court examines whether there is reciprocity with the state that gave the judgment, whether the matter falls within the exclusive jurisdiction of the Turkish courts, whether the judgment is clearly contrary to Turkish public policy, and whether the defendant was properly summoned and represented.

Yes. A power of attorney can be issued at a Turkish consulate in your country of residence, or before a notary abroad with an apostille and a sworn translation. Once it reaches me, the file can be run without your presence in Turkey; your attendance is required only where a court specifically calls for it. The first consultation can be held by telephone, WhatsApp or e-mail before any power of attorney is issued.

Subject to statutory restrictions, citizens of countries designated by the President may acquire immovable property and limited rights in rem. The total area acquired may not exceed ten per cent of the privately owned area of the district, and thirty hectares per person nationwide. Restrictions relating to military forbidden zones, military security zones and strategic areas apply in addition and are checked separately.

You cannot tell from the title deed. The land registry carries out the enquiry as part of the transfer process, using maps and coordinates supplied by the Ministry of National Defence and the Ministry of the Interior. This is one of the reasons why paying a deposit before the enquiry is completed is risky: if the plot turns out to be restricted, the transfer cannot proceed and recovering the deposit becomes a separate dispute.

Foreign nationals and foreign commercial companies that buy land without a structure must submit the project they intend to develop to the relevant Ministry for approval within two years. The approved project, with its start and completion dates, is recorded in the declarations section of the land register and progress is monitored by the Ministry. Where the obligation is not met, the property may be liquidated and converted into money, with the proceeds paid to the owner.

No. A contract intended to transfer ownership of immovable property is valid only in official form. A private written agreement does not transfer ownership and cannot be used to force a transfer at the land registry, no matter how much detail it contains or how much has been paid. It will normally only support a claim to recover the money. Ownership passes on registration at the land registry.

It is a preliminary contract by which the parties undertake to complete a transfer at the land registry later, and it is executed before a notary. If it is annotated on the land register, your right can be asserted even if the property is transferred to a third party. Without the annotation, the right binds only the other contracting party — which usually means no practical remedy once the property has been sold on. The annotation is the point of the exercise.

Yes. The declared price is what the courts take as the basis unless the contrary is proved. If the sale is later annulled, or if a pre-emption right is exercised, the amount recoverable or payable is measured against that figure. Understating it also carries its own legal and financial consequences. Paying through a bank, with the property identified in the payment description, is the simplest way to keep the evidence straight.

The whole title register entry: ownership, co-owners if the property is jointly held, mortgages, attachments, usufruct, family residence annotations, promise-to-sell annotations and everything in the declarations section. Then the zoning status, building permit and occupancy certificate from the municipality, whether the building is under condominium ownership, and the management plan if there is one. For foreign buyers, the military and security zone position is checked in addition.

Legally yes, but the mortgage stays on the property and the creditor can force a sale if the debt is not paid. In practice the transfer is structured so that part of the price is paid directly to the mortgagee and the mortgage is discharged at the same time as the transfer, or the transfer is made conditional on discharge. If that mechanism is not written into the agreement, the buyer can end up owning the debt as well as the property.

Where a property is used as the family home, the spouse who owns it cannot transfer it or restrict the rights over it without the express consent of the other spouse. A transaction made without that consent is invalid. The annotation makes the protection visible on the register, but the protection itself arises from the law even where no annotation has been made. For that reason a seller's marital status and the actual use of the property are checked on residential purchases.

Any co-owner may ask for the property to be divided, unless there is an obligation to continue joint ownership. The court first examines whether division in kind is possible; if it is not, it orders the property to be sold and the proceeds distributed. The sale is by public auction through the enforcement office and in practice often realises less than market value, which is why a negotiated solution is worth exploring first. Mandatory mediation applies before such an action.

Where one co-owner sells their share to a third party, the other co-owners have the right to buy that share on the same terms. The sale must be notified to the other co-owners through a notary by either the buyer or the seller. The right lapses three months after notification and in any event one year after the sale. These periods were amended by Law No. 7571 of 24 December 2025; the previous two-year long-stop has been reduced to one year.

No. It cannot be used in sales under the State Tender Law or in sales by compulsory auction. It also lapses where the holder has renounced it in official form with an annotation on the land register. Renunciation in respect of a particular sale is subject only to written form and may be made before or after that sale. A transfer that is not a sale — a gift, for example — does not trigger the right at all.

Where the property was bought from a developer, the rules on contracts for work and liability for defects apply; for second-hand purchases the sale provisions apply. What matters is whether the defect was apparent on delivery, and whether the inspection and notification obligations were met within their periods. Longer periods apply where there is gross fault or where the defect was deliberately concealed. Documenting the defect on the day it is found is the single most useful step.

Yes, where the registration rests on an unlawful transaction. The grounds seen most often are simulated transfers made to keep assets from heirs, lack of legal capacity at the date of the transaction, abuse of a power of attorney, fraud and duress, and errors originating in zoning or cadastral processes. The action is brought in the civil court of first instance where the property is located, and the burden of proof lies on the claimant.

A general power of attorney is not sufficient for a property transaction; specific authority is required. Where an attorney abuses that authority — transferring the property at an undervalue or to a relative — a title annulment action lies, and the good faith of the third party becomes decisive. Keeping the scope of the power narrow, and notifying the land registry and the notary immediately on revocation, materially reduces the risk.

The State is liable for all damage arising from the keeping of the land register, and recovers from the officials at fault. Actions concerning that liability are heard in the court where the register is kept. The liability does not depend on proving fault: it is enough that the register was kept incorrectly and that a person relying on it suffered loss. For a buyer relying in good faith on the register, this is a significant protection.

Within thirty days of the notification, or of the newspaper announcement where notification could not be made, you may bring an annulment action against the expropriation in the administrative courts and an action for correction of material errors in the civil courts. If no annulment action is shown to have been brought within that period, the expropriation becomes final and the property is registered in the name of the administration at the price fixed by the court. Co-owners each have a right of action.

Where no agreement is reached by purchase, the administration applies to the civil court of first instance where the property is located to have the price fixed and the property registered in its name. The court first invites the parties to agree a price; if they do not, it holds a site inspection with a panel of experts. The registration order is final, but the parties keep their right to appeal on the price — so registration does not mean the price has been accepted.

Succession is governed by the national law of the deceased, but Turkish law applies to immovable property located in Turkey. This means the Turkish property in an estate may devolve differently from the rest of it. Provisions on the opening, acquisition and distribution of the estate follow the law of the country where the estate is located. Because of this split, the applicable law should be established before any certificate of inheritance is obtained.

Yes, unless you object in writing. Where the person apprehended or taken into custody is a foreign national, their situation is reported to the consulate of the state of which they are a citizen. Separately, and regardless of nationality, a relative or a person you name is informed without delay on the public prosecutor's instruction. Whether to object to consular notification is a decision worth taking deliberately rather than by default.

Custody may not exceed twenty-four hours from the moment of apprehension, excluding the time strictly necessary to bring you before the nearest judge or court, which may not itself exceed twelve hours. For offences committed collectively, where gathering evidence is difficult or the number of suspects is high, the prosecutor may extend custody in writing by up to three days, one day at a time. The extension order must be served on you immediately.

Yes. The person apprehended, their defence lawyer, legal representative, spouse or a first- or second-degree blood relative may apply to the magistrate judge to secure immediate release. The judge examines the file on the papers and decides immediately, and in any event before twenty-four hours have elapsed. This is a genuinely fast remedy and is worth considering at the outset rather than after a statement has been taken.

No. Where a defendant or victim does not speak Turkish well enough to explain themselves, a court-appointed interpreter translates the essential points of the accusation and the defence. The same applies to suspects, victims and witnesses questioned during the investigation, where the interpreter is appointed by the judge or prosecutor. Interpretation at these stages is not charged to you.

In part. A defendant may make oral submissions in another language they say they can better express themselves in at two points: when the indictment is read out, and when the prosecutor gives the final opinion on the merits. The interpreter is then chosen by the defendant from the official list held by the judicial commission, and those particular costs are not met by the State. The facility cannot be used to delay proceedings.

A defence lawyer is appointed without any request where the suspect or defendant is a child, or is disabled to a degree that prevents self-defence, or is deaf and mute. The same applies to investigations and prosecutions for offences carrying a lower limit of more than five years' imprisonment. Outside those cases, a lawyer is appointed on request where you state that you are not in a position to choose one. That a lawyer is not mandatory does not make one unnecessary.

Yes. Judicial control can be imposed instead of detention, and one of its possible obligations is a prohibition on leaving the country. Others include reporting at set intervals, not leaving your residence, surrendering a driving licence, and providing a financial guarantee. A judicial control decision can be challenged. Time spent under judicial control is generally not deducted from a sentence, although two days under a house-arrest obligation count as one day for deduction.

By objection. Under Article 268 of the Code of Criminal Procedure, where the law does not provide otherwise, an objection is made within two weeks of learning of the decision. Objections against detention and judicial control decisions of the magistrate judge are examined by the judge of the criminal court of first instance in whose jurisdiction the magistrate sits. Detention is also reviewed periodically of the court's own motion, and release can be requested at any stage.

The court may order that you be brought by force and, where the conditions are met, issue an arrest warrant. Notifying an excuse in writing before the hearing date therefore matters. A defendant whose questioning has already been carried out may be excused from attending, but this is at the court's discretion and is not applied unless requested. Your lawyer attending does not automatically remove your own obligation to attend.

Establish the stage of the file and whether an arrest warrant has been issued. Where attendance at the set hearing would be difficult for a defendant abroad, questioning may be carried out at an earlier hearing or by letter of request. A power of attorney can be issued at a Turkish consulate in your country. Clarifying your position before travelling to Turkey avoids being confronted with it at the border.

Yes. Where a decision not to prosecute is given, the injured party may object within two weeks of service to the magistrate judge sitting at the place of the assize court within whose jurisdiction the prosecutor works. The objection must set out the facts and evidence that would justify bringing a prosecution. If the judge accepts it, the prosecutor prepares an indictment; if not, the objection is rejected with reasons and the objector bears the costs.

Only for offences whose investigation and prosecution depend on a complaint. For those, withdrawal ends the case. For all other offences, withdrawal does not end anything: the prosecutor and the court continue of their own motion. Because the consequence depends entirely on the offence, this is not a decision to take before checking which category it falls into.

Mediation allows a suspect and a victim to reach agreement through an appointed mediator in the offences the law lists. It covers offences that depend on a complaint, together with named offences such as simple assault, negligent injury, the basic form of threat, violation of the immunity of a residence, theft and fraud. It is excluded for offences against sexual integrity, for stalking and for insult. A mediation offer is deemed refused if no answer is given within seven days.

It is a mechanism under which the court does not announce a conviction, so that the judgment produces no legal consequence for the defendant if a supervision period passes without incident. It was re-enacted by Law No. 7589 of 16 July 2026. Under the current rules it may be applied where the sentence is two years' imprisonment or less, or a judicial fine, subject to conditions including no previous intentional conviction and full compensation of the loss. The supervision period is five years.

Not on the ordinary criminal record. Such decisions are entered in a separate system of their own, and those entries may be used only where requested by a public prosecutor, judge or court in connection with an investigation or prosecution, and only for that purpose. If the supervision period passes without a new intentional offence and the obligations are met, the deferred judgment is set aside and the case is dismissed.

An appeal to the regional court of appeal is lodged within two weeks of service of the judgment together with its reasons, by petition to the court that gave the judgment or by declaration to the court clerk. Because the period runs from service of the reasoned judgment rather than from the hearing, establishing the date of service is the first thing done when someone comes to me at this stage.

The Code of Criminal Procedure allows compensation to those who suffer loss through protective measures applied unlawfully. The claim must be made within three months of service of notification that the decision or judgment has become final, and in any event within one year of the date it became final. It is decided by the assize court where the claimant resides, and the petition must be supported by documents showing the nature and extent of the loss.

There is no standard duration. The size of the file, the number of witnesses, whether expert or forensic medical reports are required and the court's caseload all affect it. A straightforward case before a criminal court of first instance may finish in a few hearings, while a multi-defendant assize case can run for years. At the first consultation I give a realistic range for your file rather than an average.

An agreement on the rent payable for a renewed period is valid only up to the rate of change in the consumer price index calculated on the twelve-month averages of the previous rental year. An increase agreed above that ceiling is invalid as to the excess. Where the parties have not agreed anything, the judge fixes the rent within the same limit, having regard to the condition of the property.

In residential and roofed workplace tenancies the landlord may terminate at the end of the ten-year extension period, without giving any reason, by giving notice at least three months before the end of each subsequent extension year. If the notice is not given in time or in the proper form, the lease extends for a further year. The landlord cannot end the lease merely because its original term has expired.

As a rule yes. In disputes arising from a rental relationship, applying to a mediator before bringing an action is a condition of the action. The exception is eviction of leased immovable property through enforcement proceedings without judgment, where mediation is not required. Bringing the action without mediation results in its dismissal on procedural grounds.

Where a residential or roofed workplace lease imposes an obligation to provide security, that security may not exceed three months' rent. If money is given, the tenant deposits it into a term savings account that cannot be drawn on without the landlord's consent. The bank may return it only with the consent of both parties, on final enforcement proceedings or on a final court judgment. If the landlord does not notify the bank in writing within three months of the end of the lease that proceedings have been brought, the bank must return the security on the tenant's request.

The landlord may give written notice setting a period and stating that the lease will be terminated if payment is not made within it. That period must be at least ten days, and at least thirty days in residential and roofed workplace leases, running from the day after the written notice. A period shorter than the statutory minimum makes the notice ineffective. The landlord may alternatively pursue the arrears through enforcement proceedings with a claim for eviction.

Not in residential and roofed workplace tenancies without the landlord's written consent. The general rule elsewhere is that a tenant may sublet or transfer the right of use provided this causes no detriment to the landlord, but that freedom does not apply to residential and roofed workplace leases. If a subtenant uses the property differently from the terms allowed to the tenant, the tenant remains liable to the landlord.

A claim in tort expires two years after the injured party learns of both the loss and the person liable, and in any event ten years after the act. Where the compensation arises from an act that also constitutes a criminal offence and the criminal law provides a longer limitation period, that longer period applies instead. This exception matters in traffic accidents involving injury.

The claim may be directed at the driver at fault, at the operator of the vehicle, and at the insurer under the compulsory motor liability policy. For claims against the insurer, an application must be made to the insurer before proceedings are issued. Where there is bodily injury, determination of the permanent disability rate is the decisive stage of the process and drives both timing and value.

In ordinary enforcement proceedings you may object at the enforcement office within seven days of service of the payment order. An objection made in time stops the proceedings, and the creditor must then apply either to set aside the objection or to have it lifted. If the period is missed the proceedings become final, so establishing the date of service is the first thing to do.

A contract of suretyship is invalid unless it is in writing and states the maximum amount for which the surety is liable and the date of the suretyship. The surety must also state, in their own handwriting, the maximum amount, the date, and — where they are a joint and several surety — that they are assuming liability in that capacity. Failure to comply with these formalities renders the suretyship invalid.

Turkish law allows a party to request adaptation of the contract to changed circumstances where an extraordinary situation that was unforeseeable at the time of conclusion has arisen and performance has become unconscionable for the debtor. The request requires the conditions to be demonstrated concretely; general economic arguments are not by themselves accepted. If adaptation is not possible, termination may be sought.

No. General terms prepared unilaterally in advance by one party are subject to a specific control. Terms that are contrary to the other party's interests and produce severely onerous consequences contrary to good faith may be treated as not written, as may terms alien to the nature of the contract or to the particular transaction. The control is applied more strictly where no information about the terms was given and no opportunity to review them was allowed.

The burden is on the party asserting payment. The safest method is payment through a bank with the relevant debt identified in the description field. Transfers with no description cause arguments about which debt they were applied to where the parties have more than one dealing. For cash payments, take a signed receipt stating the date, the amount and the subject of the debt. Above the statutory threshold, payment generally cannot be proved by witness evidence.

A penalty clause is in principle valid, and the creditor may claim the agreed sum without proving loss. However, the judge is obliged to reduce a penalty found to be excessive, taking into account the debtor's financial position, the extent of performance and the balance of the parties' interests. A penalty clause is also accessory to the principal obligation: if that obligation is invalid, the penalty cannot be claimed.

No. Limitation does not extinguish the debt; it gives the debtor a defence against paying. Payment made without raising that defence is a valid performance and cannot be reclaimed. The defence must also be raised in time — a court will not apply limitation of its own motion. That is why the period for filing a defence after service of a claim should not be missed.

Rescission removes the contract retrospectively and the parties return what they received. Termination ends it prospectively, leaving obligations that have already arisen intact. Which right is available depends on the type of contract and the nature of the breach, and exercising the wrong one can result in the claim being dismissed.

Where personality rights have been unlawfully infringed. In cases of bodily injury the injured party may be awarded non-pecuniary damages, and in cases of death the relatives of the deceased may be. The amount is fixed by the judge by reference to criteria including the gravity of the event, the financial position of the parties and the degree of fault.

Not in every dispute, but in many it is required to put the debtor in default, which fixes the date interest starts running and makes some claims available at all. In tenancies, notice is a statutory condition for several grounds of eviction. Notice through a notary is the most secure method for proving both content and date; registered post with return receipt and registered electronic mail are also used.

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.

Severance pay arises where the employee has worked for the same employer for at least one year and the contract ends in one of the ways listed in the legislation. Those include termination by the employer other than for just cause, summary termination by the employee for just cause, military service, retirement, and termination by a female employee within one year of marriage. It is calculated under Article 14 of Law No. 1475, which remains in force for this purpose.

Notice periods depend on length of service: two weeks where employment has lasted less than six months, four weeks from six months to a year and a half, six weeks from a year and a half to three years, and eight weeks where it has lasted more than three years. These are minimum periods and may be increased by contract. A party that does not comply with the notice requirement must pay compensation equal to the wage for the notice period.

As a rule yes. But where what is described as a resignation is in fact a termination for just cause — unpaid wages, under-declared social security premiums, or a fundamental change to working conditions — it counts as summary termination by the employee for just cause and severance pay is due. This is why the reason for leaving should be stated in writing, and stated correctly.

To benefit from the reinstatement provisions the workplace must employ thirty or more employees, the employee must have at least six months' service, and the contract must be of indefinite duration. The six-month requirement does not apply to employees working underground. Employer's representatives who manage the whole enterprise or workplace and have authority to hire and dismiss are outside these provisions.

The employee must apply to the employer to return to work within ten working days of service of the final judgment. If the employer does not reinstate within one month of that application, it must pay compensation of not less than four and not more than eight months' wages. In addition, up to four months' wages and other entitlements accrued for the period not worked until the judgment became final are paid. If the ten-working-day application is not made, the termination becomes valid.

Overtime is work exceeding forty-five hours per week within the conditions set by law. Each hour of overtime is paid at the hourly rate increased by fifty per cent. Total overtime may not exceed two hundred and seventy hours in a year, and the employee's consent is required. An employee may instead take free time — one and a half hours for each hour of overtime — rather than the increased pay.

Employees who have worked at least one year, including the probation period, are entitled to paid annual leave. The entitlement is not less than fourteen days for one to five years of service inclusive, twenty days for more than five and less than fifteen years, and twenty-six days for fifteen years or more. Employees under eighteen and over fifty are entitled to not less than twenty days. The right to paid annual leave cannot be waived.

An employee whose wage is not paid within twenty days of the due date, other than for reasons of force majeure, may refrain from performing work. Such a refusal is not to be characterised as a strike even if it becomes collective in numbers. The contracts of these employees cannot be terminated for not working and replacements cannot be hired. The highest deposit interest rate applies to wages not paid on time.

Yes, for actions on employee or employer receivables and compensation and for reinstatement claims, together with the related actions to set aside an objection, for negative declaration and for restitution. Where it emerges that proceedings were issued without applying to a mediator, they are dismissed on procedural grounds without any further step being taken.

No. Actions for pecuniary and non-pecuniary damages arising from an occupational accident or occupational disease, and the related actions for determination, objection and recourse, are excluded from the requirement. These may be brought directly before the labour court. Claims such as severance, notice and overtime arising from the same employment relationship do, however, remain subject to mediation.

A party who does not attend the first meeting without a valid excuse is held liable for half of the litigation costs the other party would be entitled to, even if that party succeeds wholly or partly in the action, and half of the attorney's fee calculated under the Minimum Attorney Fee Tariff is awarded against them. Where neither party attends, each bears its own costs.

Documentary records come first: time sheets, entry and exit records, payslips and any electronic tracking data. Where a payslip shows an overtime accrual and the employee signed it without reservation, claiming for that period becomes difficult. Where no written record exists, witness evidence is considered, but applying an equitable reduction to periods established in that way is settled practice.

An employment contract is not subject to any special form unless the law provides otherwise, but contracts with a term of one year or more must be in writing. Where no written contract is made, the employer must within two months give the employee a written document showing the general and specific working conditions, daily or weekly working time, basic wage and any supplements, the pay period, the term if fixed, and the provisions applicable on termination.

Where a probation clause is included, it may not exceed two months. It may be extended up to four months only by a collective agreement. During the probation period either party may terminate without notice and without compensation; the employee's wage and other entitlements for the days worked are preserved. Writing a probation period longer than two months into a contract is a common error and the excess is invalid.

Where a workplace or part of it is transferred by a legal transaction, the employment contracts existing at the date of transfer pass to the transferee with all rights and obligations. The transferee must treat service-based entitlements by reference to the date the employee started with the transferor. Both are jointly liable for debts that arose before the transfer and were due at that date, with the transferor's liability limited to two years from the date of transfer. Transfer alone is not just cause for termination.

Not in every case. A non-competition covenant may not contain restrictions as to place, time and type of work that unfairly endanger the employee's economic future, and its duration may not exceed two years except in special circumstances. A judge may limit an excessive covenant in scope or duration. Its validity also depends on the employee having had access to the employer's customer base or trade secrets.

The employer must obtain a work permit before employment begins and must not start employing the person before it is granted. The date employment starts and the date the relationship ends must be notified to the authorities within the prescribed periods, and social security notifications must match the scope of the permit. Employing a foreign national without a permit carries administrative fines that increase on repetition, and the employer may be held liable for the cost of the person's return to their country.

An employer intending to dismiss collectively for economic, technological, structural or similar requirements must notify the workplace union representatives, the regional directorate and the Turkish Employment Agency in writing at least thirty days beforehand. It counts as collective dismissal where, within one month, at least ten employees are dismissed in a workplace with twenty to one hundred employees, at least ten per cent in one with one hundred and one to three hundred, and at least thirty in one with three hundred and one or more. Termination notices take effect thirty days after the notification.

If the letting does not exceed one hundred days, yes. The Law defines tourism-purpose letting as letting a residence to a user for any purpose for a maximum of one hundred days, and requires a permit to be obtained before the agreement is made. The platform used is irrelevant; what matters is that the term does not exceed one hundred days.

Yes. The Law sets no threshold of frequency or income; letting a single residence for up to one hundred days falls within the definition. The argument that the activity is not commercial in scale has no basis in the text. Frequency becomes relevant only in one place: the prohibition on letting the same property more than four times a year where each agreement exceeds one hundred days.

The Ministry of Culture and Tourism is competent to issue permits and may exercise that power through the provincial governorate. Permit and plaque fees are set by the Ministry. Once issued, a plaque with the characteristics determined by the Ministry must be displayed at the entrance of the property being let.

Yes, and the requirement is strict. The application must include a resolution taken unanimously by all owners of the building in which the independent section is located. A single owner voting against prevents the permit. In complexes made up of several buildings only the owners of the relevant building are required, and a copy of the permit is sent to the site management.

The Law provides no majority decision that can substitute for unanimity, so where consent cannot be obtained a permit cannot be issued. The only remaining avenue is to establish whether the building falls within the high-quality residence exception, which requires a provision in the management plan permitting short-term letting together with the service and facility conditions listed in the statute.

In buildings with more than three independent sections, a permit may be issued in the name of the same lessor for at most twenty-five per cent of the sections. If the number held under permit by the same person in that building exceeds five, the application must also include a workplace opening and operating licence, and, where the building is in a complex, a resolution taken unanimously by all owners.

No. The statute closes that route expressly. Even where each agreement exceeds one hundred days, letting the same property more than four times within one year of the first agreement attracts a fine of one million lira. The test is the number of lettings in a year, not the term stated in the agreement.

One hundred thousand lira for each property let, together with fifteen days to obtain the permit. If letting continues without a permit after that period, five hundred thousand lira and a further fifteen days. If it still continues, one million lira. These are the amounts in the Law as enacted; administrative fines are revalued annually, so the current figure should be confirmed.

No. The Law expressly prohibits a tenant who rented a property to use as a home from letting it for tourism purposes to third parties on their own account. It equally prohibits a user who rented from a permit holder from re-letting on their own account. Both attract a fine of one hundred thousand lira per agreement.

The obligation to obtain the permit always rests with the lessor. Where tourism-purpose letting is to be carried out by someone other than the lessor, it may be done only through group (A) travel agencies licensed under the Travel Agencies Act. Anyone acting as an intermediary for a property without a permit faces a fine of one hundred thousand lira per agreement.

Yes. Intermediary service providers enabling the promotion of properties without a permit face a fine per property if they do not remove the content within twenty-four hours of a Ministry warning. A decision is also given for removal of the content and/or blocking of access to the relevant publication, and it is sent to the Access Providers Union for implementation.

Yes. A decision for removal of content and/or blocking of access may be challenged before the magistrate judge, and the magistrate's decision may in turn be objected to under the Code of Criminal Procedure. The periods are short, so establishing the date of notification is the first step.

Most of the sanctions under this Law are imposed by the highest civil administrative authority of the district where the property is located; some are imposed directly by the Ministry. Challenges follow the procedure in the Misdemeanours Act and the period is short. For that reason, documenting the date of notification and filing in time is often more decisive than the substance of the objection.

It applies to residences with more than one independent section whose management plan permits short-term letting, which have reception, security and daily cleaning service areas, and where services such as health, dry cleaning, laundry, transport, catering and shopping, along with a gym and swimming pool, can be provided. For these, the unanimity and twenty-five per cent conditions do not apply, and letting may be carried out through a residence operator with the permit issued in that company's name.

Where the permit holder is a natural person and no application is made by the heirs within three months of the date of death, the permit becomes invalid. The same result follows where a legal entity holder ceases to exist. In both cases the rights of existing users continue until the end of their agreement.

Yes. Where the lessor changes by a legal transaction other than inheritance, the change must be notified within thirty days of its registration in the land register; failure to do so attracts a fine of fifty thousand lira. The same fine applies where information and documents requested by the Ministry are not sent within thirty days, are sent incomplete, or are misleading.

Misleading presentation of the location, quality or physical characteristics of the property through text, advertising, posters, brochures, social media or a website, failure to provide the conditions promised, or allocating the property for a shorter period than stated in the agreement each attract a fine of one hundred thousand lira. Failing to deliver the property in accordance with the agreement is separately sanctioned, and if the payment is not refunded within the fifteen days allowed, the fine rises to two hundred thousand lira.

Two routes are considered together. The administrative one: since a permit depends on the unanimous consent of all owners in the building, letting carried out without your consent can be reported as unlicensed activity. The second lies in condominium law; depending on the nature of the disturbance, removal of the breach may be sought, and where the breach makes the position of the other owners intolerable, the transfer remedy provided by the Condominium Act may come into play.