Commercial Law

Commercial Law is basically regulated by the Turkish Commercial Code; it is a sub-branch of law, which covers trade-related legislation. The subject of the Commercial Law is the “person who operates a commercial enterprise on his behalf,” which is described in Article 14 of the Turkish Commercial Code. Accordingly, in order for real persons to become traders, a commercial enterprise exists and this business is operated on behalf of itself even partially.

However, our legislation separated the merchants and those included in the tradesmen and small craftsmen branches and subordinated those included in the tradesmen and small craftsmen branches to the general provisions, accordingly:

Those who are included in the tradesmen and small craftsmen and tradesmen and small craftsmen who are determined by the Coordination Committee to Determine and be published, and who are exempt from income tax, and whose income is taxed in a lump-sum manner, their economic activities are based on their financial activities and their earnings are based on their financial activities rather than their cash capital. However, those who are small enough to earn their livelihood and who do not exceed half the cash limits stated in Paragraph 1 and 3 of Sub-Article 1 of Article 177 of the Tax Code, and the entire cash limit written in item 2 are determined as Tradesmen and Small Artisans. Again, according to the Tax Procedure Law, those who are considered as 1st class traders and who keep books on the basis of balance sheet and those who keep books according to the business account and are excluded from those specified in Article 1 are considered as Traders and Industrialists.

In our law, merchants are described as real and legal persons. Commercial companies that are legal entities traders (Collective, commandite (Ordinary and Capital divided into shares), limited, joint-stock companies), the state-owned enterprise or a state-owned enterprise established as a state-owned enterprise or a state-owned enterprise according to the provisions of the Decree Law No 233 on Public Economic Enterprises. and businesses, foundations and associations with commercial enterprises, and provisions related to traders are applied, although the equipping subsidiary established in accordance with Article 951 of the Turkish Commercial Code does not have legal personality.

Commercial Law covers the scope and organization of real and legal person traders, their organization forms, how their work and activities can be terminated, which are the valuable documents, the types of transactions related to them, the scope and obligations related to private insurance, and maritime law.

Commercial cases are under the duties of the Commercial Courts of First Instance and the Commercial Court where they do not, and the Civil Court of First Instance. Commercial Business Law, Corporate Law, Precious Paper Law, Transport Law, Capital Market Law, Maritime Commercial Law, Intellectual Property Law, Insurance Law, Competition Law, Commercial Law.

Commercial Law is one of the intensive working areas of Ekin Legal Consultancy & Mediation Office, in particular:

-Carrying out institutional processes at every stage from establishment to liquidation of trading companies,

-Follow-up of legal affairs, mediation activities and lawsuits,

-Providing legal consultancy service regarding the corporate functioning and administrative activities of companies,

-Tracking all kinds of enforcement and bankruptcy affairs,

-Preparation of the company’s main contracts, follow-up of all transactions related to the establishment of the company,

-Conducting company acquisition and merger processes,

-Preparation of share transfer contracts, shareholders (shareholders) contracts and voting contracts,

-Arrangement of all kinds of commercial contracts and management of legal processes,

-Arrangement of franchising, dealership, license, leasing, distributorship, agency etc. contracts and management of legal processes,

-Confidentiality Agreements, Project Development Agreements, Contract Agreements, Contractor Agreements, Preliminary Agreements, Joint Venture and Consortium Agreements and legal processes management,

-Providing legal support services for the follow-up and finalization of the transactions by working in cooperation with the legal offices we have contracted in the relevant countries regarding all kinds of legal transactions abroad, including company organizations,

-Legal information and management of processes regarding the institutional functioning of worker-employer relations,

-Opening and following unfair competition cases,

-Opening and following up cases related to all kinds of trademarks, patents and utility models registered with the company, provide legal services within the scope of Commercial Law.