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Curiosities About Commercial Law

To establish a company, the type of company must first be determined (e.g. joint stock, limited liability, sole proprietorship). The main documents include the articles of association, identity documents of the founding partners, signature declarations, notarized documents, potential tax number, receipt of the deposit of the founding capital in the bank, and a lease agreement (for a workplace). The application process starts with registration at the Trade Registry Office, followed by Tax Office registration and Social Security Institution notifications.

The liability of limited liability company partners is limited to the capital they have subscribed. However, personal liability may arise in some cases due to public receivables such as tax debts. Rights include having a say in the management of the company, receiving dividends and voting in the general assembly. The rights and responsibilities of shareholders are regulated under the articles of association and the Commercial Code.

When the company goes bankrupt, creditors must file an application with the bankruptcy administration to collect their claims from the bankruptcy estate. Claims registered in the bankruptcy estate are paid in order of priority. Public claims are usually prioritized. The bankruptcy process is conducted under court supervision and creditors are paid as a result of the liquidation proceedings. Legal deadlines and objection rights play an important role in this process.

Trade secrets are information and documents that provide a business with a competitive advantage, are not disclosed to the general public and must be kept confidential. This information includes customer lists, business plans, specific production methods and commercial strategies. To protect trade secrets, confidentiality agreements should be in place, internal security protocols should be implemented and access to information should be restricted.

Share transfer follows different procedures in joint stock and limited liability companies. In joint stock companies, the transfer of shares is done through share certificates or temporary certificates and is usually a simple transaction. In limited liability companies, the transfer of shares is notarized and must be registered in the trade registry. Tax obligations, the consent of the transferee and special provisions in the articles of association should be taken into account when transferring shares.

A trade name indicates the official name and legal identity of the company. A trademark is a sign used to distinguish the company's goods and services from others. While the trade name is registered with the Trade Registry Directorate, trademark registration is done by the Turkish Patent and Trademark Office. While the trade name indicates the legal responsibility of the company in all its activities, the trademark represents the reputation and recognition of the business in the market.

Curiosities about the Law of Contracts

The annulment of a contract may be based on grounds such as impairment of will (e.g. mistake, fraud, threat), incapacity, violation of public order or illegality of the subject matter of the contract. It may be necessary to apply to the court for the annulment of the contract and it is important to prove that the parties have been victimized in this process.

The right of withdrawal is usually applied in consumer contracts and gives the right to withdraw from the contract within a certain period of time, without giving any reason and without paying a penalty. The withdrawal period is usually set at 14 days, but may vary depending on the type of contract.

Electronic contracts are as valid as written contracts and gain legal validity through e-signature or approval processes. In such contracts, it is important to obtain the express consent of the parties and to organize the contract on a reliable platform.

Confidentiality clauses protect information that the parties acquire during or after the contracting process. This information may be trade secrets, customer data or strategic information. In the event of a breach of confidentiality, the parties may face damages or other legal sanctions.

When the rental agreement is terminated, the deposit is refunded on condition that the tenant complies with the agreement, leaves the property undamaged and fulfills all obligations. The return period is usually specified in the rental agreement, but there may also be a statutory deadline.

In case of breach of contract, the parties may file a lawsuit for damages, termination or notice depending on the type of breach. In this process, it is recommended to make written notifications through a notary public and collect evidence. Mediation or court proceedings may also be considered depending on the severity of the breach.

Curiosities About Mergers and Acquisitions

A merger is the process by which two or more companies become a single company. Types of mergers include full merger, merger by acquisition and merger by new incorporation. In a full merger, one of the companies continues to exist while the others join this company. In a merger by new organization, a new company is established and other companies become part of this new structure.

Due diligence, birleşme veya devralma öncesinde şirketin mali, hukuki ve operasyonel durumunun detaylı olarak incelenmesini kapsar. Bu süreçte alıcı taraf, şirketin mali tablolarını, sözleşmelerini, yasal yükümlülüklerini ve risklerini değerlendirir. Due diligence sayesinde olası riskler tespit edilir ve işlem öncesinde tarafların bilinçli kararlar alması sağlanır.

The contract between the parties to a takeover should clearly set out the terms of the transaction, its costs, risk allocation and the obligations of the parties. In particular, the contract should address issues such as price, payments, transition, employee status and the rights of the acquiring company. It should be comprehensively drafted to protect the parties' interests and avoid potential disputes.

The Competition Authority supervises and approves mergers and acquisitions that may adversely affect competition in the market. If the transaction exceeds a certain turnover threshold, the parties must apply to the Competition Authority for approval. The Authority assesses whether the merger or acquisition has anticompetitive effects and, where necessary, may block the transaction or impose certain conditions.

In mergers and acquisitions, the rights of employees are protected within the framework of labor laws and collective labor agreements. The new employer assumes the existing rights and obligations of employees after the takeover. Employees may have the right to terminate their contracts under certain conditions if significant changes are made to their working conditions.

Mergers and acquisitions may affect the tax liabilities of the parties. In this process, tax items such as VAT, corporate tax and duties need to be calculated and paid. Especially in the acquisition process, the liabilities that may arise from the past tax debts of the acquired company should be carefully examined.

A non-compete obligation is an obligation that prevents the selling party from operating in the same or similar field for a certain period of time and geographical area during the merger or acquisition process. This obligation is included in the contract in order to protect the value of the business acquired by the acquirer and to prevent unfair competition. The duration and scope of the obligation must be proportionate within legal limits; otherwise, it may be void. Legally, such obligations must be limited to a reasonable period and area.

Curiosities About Mediation Service

Mediation can be resorted to by all parties to a dispute. For example, mediation can be used for disputes between employees and employers, between business partners or between consumers and sellers.

Those who wish to receive mediation services can apply to mediators registered with the Mediation Department of the Ministry of Justice. There are also private offices and law firms that provide mediation services. If the parties cannot agree on a specific mediator, the application can be made through the Department of Mediation.

Mediation fees are calculated according to the tariff determined by the Ministry of Justice. The parties may agree on the payment of the fee or the fee shall be shared equally, unless otherwise agreed. If no agreement is reached at the end of the mediation, in certain cases the costs are determined by the court in the legal proceedings.

In Turkey, mediation is mandatory for labor disputes, commercial disputes and some consumer cases. In these disputes, it is necessary to participate in the mediation process before applying to the court. If no agreement is reached between the parties, the court is opened.

The duration of mediation varies depending on the complexity of the dispute, but is usually completed within a few hours or a few days. Mandatory mediation processes generally have to be concluded within three weeks in labor cases; this period can be extended by one week if necessary.

If an agreement cannot be reached, the parties can apply to the court. Negotiations and statements made during the mediation process cannot be used as evidence in court, which protects the confidentiality of the process. It is a prerequisite for the court that the parties have completed the mediation process before going to court.

Mediation is generally applied in matters such as commercial, labor, consumer and family disputes. However, crimes under criminal law and matters of public order cannot be resolved through mediation. Such disputes are dealt with in court or criminal proceedings.

The rights of the parties in the mediation process include the right to participate in negotiations in an equal and fair environment. The parties have the right to demand that the mediator be independent and impartial. In addition, the parties may withdraw from the mediation process at any time.

Curiosities About Labor Law Service

When dismissed, the employee may be entitled to severance pay, notice pay and unused annual leave pay. In addition, the employee has the right to file a reinstatement lawsuit depending on the reason for dismissal. According to the Labor Law, the employer must state the reason for dismissal clearly and in writing.

A reinstatement lawsuit is a lawsuit filed by workers who believe that they have been unfairly dismissed in order to return to their jobs. This lawsuit can be filed within one month after the dismissal by employees working in a workplace with an indefinite-term employment contract and employing at least 30 workers. As a result of the lawsuit, the court may decide on the reinstatement of the employee and compensation in case the employee is not reinstated.

Severance pay is paid in the event of unfair termination of the employment contract by the employer or, in some special cases, by the employee in the workplace where the employee has worked for at least one year. Notice pay, on the other hand, is a compensation that the employer or the employee must pay when the legal notice period is not complied with during the termination of the employment contract.

Overtime is paid for working hours in excess of 45 hours per week and is calculated at 50% of the normal hourly rate. For example, if the hourly wage is 100 TL, 150 TL is paid for an overtime hour. Overtime can be worked with the written consent of the employee and a record must be kept so that the employer can prove this.

Employment contracts are divided into two main groups: fixed-term and indefinite-term. Fixed-term contracts are made for the completion of a specific work or for a certain period of time. Indefinite-term contracts are used when the work is continuous. There are also part-time and full-time contracts.

The employer is obliged to take all necessary measures to ensure occupational health and safety in the workplace and to keep the tools and equipment in full. They must also provide the necessary training to workers, conduct risk assessments and implement measures to prevent occupational accidents. Occupational health and safety law sets out the details of these obligations.

The employer is obliged to take all necessary measures to ensure occupational health and safety in the workplace and to keep the tools and equipment in full. They must also provide the necessary training to workers, conduct risk assessments and implement measures to prevent occupational accidents. Occupational health and safety law sets out the details of these obligations.

An employee is usually entitled to unpaid leave with the employer's consent. However, unpaid leave may be offered by the employer in certain circumstances under the labor law. These circumstances are usually related to economic reasons or compelling circumstances. During unpaid leave, the worker may lose rights as social security contributions are not paid.

Curiosities About Data Protection and Privacy Service

Personal data refers to any information that reveals the identity of a specific or identifiable individual. Examples include information such as name, Turkish ID number, e-mail address, telephone number and IP address. Personal data may lead to direct or indirect identification of the individual.

Data protection refers to the protection of personal data against unauthorized access, use or disclosure. Privacy, on the other hand, enables individuals to have control over their personal data and to determine with whom this information is shared. Both concepts aim to ensure the security of personal data.

In order to find out whether personal data has been collected, you can request information by contacting the data controller. Regulations such as the KVKK and GDPR grant data subjects this right. In addition, within the scope of the disclosure obligation, data controllers are obliged to provide information during the personal data collection process.

You can exercise your “right to be forgotten” by applying to the data controller to request the deletion of your personal data. This request applies in particular in cases where the purpose of processing your data has expired or the processing is unlawful. The data controller must fulfill your request within a certain period of time.

In the event of a data breach, you may notify the relevant authority (for example, the Personal Data Protection Authority in Turkey) and take legal action against the data controller responsible for the breach. In addition, if you have suffered direct damage as a result of the breach, you have the right to claim compensation.

A data protection policy describes how companies process, store and protect personal data. These policies are important to ensure legal compliance, increase trust and prevent data breaches. A good data protection policy strengthens a company's reputation and customer relationships.

Yes, cookies are considered personal data, especially when they contain information about a user's internet browsing behavior and preferences. The use of cookies must be carried out with the consent of users in accordance with data protection laws. Users have the right to manage and refuse cookies.

While the data controller is the person or organization that determines the purpose and method of processing personal data, the data processor is the person who processes the data in line with the instructions of the data controller. For example, while a company is the data controller, an outsourced IT company that processes the data may be the data processor.

Curiosities About Intellectual Property Law Service

Intellectual property protects original ideas and inventions created by individuals or businesses. It encompasses many elements such as patents, trademarks, copyrights and industrial designs. Intellectual property rights allow creative work to be commercially valued and protected.

While a patent protects a technical invention, copyright protects literary and artistic works. A patent grants a monopoly right to the inventor for a certain period of time, while copyright gives the author the right to use and reproduce the work.

In order to register a trademark, an application must first be made to the Turkish Patent and Trademark Office. The application process includes class determination of the trademark, filling out the application form and paying the application fee. After the application, the trademark is examined for similarity and conformity, and if the registration process is approved, the trademark is protected.

Copyright covers many creative works, including literary works (books, poems), musical works, works of art such as paintings and sculptures, film and video content, software programs and photographs. Copyright grants economic and moral rights to the owner of the work.

In Turkey, copyrights are protected during the author's lifetime and for 70 years after his/her death. After this period, the work becomes public domain and can be freely used by anyone. However, different periods may apply for certain types of works and special circumstances.

Intellectual property infringement is when a person or organization violates intellectual property rights without the owner's permission. This infringement can take various forms, such as unauthorized copying, manufacturing and selling counterfeit goods. Preventing infringement requires regular intellectual property scans, legal advice and legal action when infringement is detected.

Intellectual property rights are protected by international treaties and conventions. For example, international treaties such as the Paris Convention, the Madrid Protocol and the World Intellectual Property Organization (WIPO) provide cross-border protection of intellectual property. These agreements facilitate registration processes and the protection of rights.

These questions and answers will create informative content on your website by addressing the most searched and curious topics that users are most interested in regarding the Intellectual Property Law service.

Intellectual property rights encourage innovation and creativity by protecting the economic and moral value of creative works and inventions. These rights provide the owner with a legal basis for the use, commercial exploitation and protection of the work or invention against third parties. In this way, individuals and companies can realize a return on their investment and maintain a competitive advantage.

The patent application starts with the preparation of the application file describing the invention in detail. The file is submitted to the Turkish Patent and Trademark Office and the preliminary examination process begins. It is evaluated whether the application meets the criteria of novelty, inventive step and industrial applicability. After the examination, if the patent application is accepted, the inventor is granted a patent certificate that provides protection for 20 years. This process can also be carried out through the PCT (Patent Cooperation Treaty) system for international applications.

In the event of copyright infringement, the author may apply to the court to stop the infringement and claim damages. The court may issue an injunction depending on the seriousness of the infringement and the damage it may cause. Copyright infringement involves both criminal and civil sanctions and the infringing party may be held liable for actions such as reproduction, distribution and communication of the work to the public.

Trademark registration prevents unauthorized use of the trademark by third parties and ensures the exclusive use of the trademark by its owner. Trademark registration provides control and rights over the commercial value of the trademark and can be used as a means of defense in possible legal infringements. Registered trademarks are protected for 10 years and this period can be extended indefinitely by renewal.

Yes, copyright in a work arises automatically from the moment it is created and does not require registration. However, registering a work makes it easier for the author to prove their rights in potential legal disputes. In Turkey, registration can be done by the registration and registration units of the Ministry of Culture and Tourism.

Trade secrets are information and processes that provide businesses with a competitive advantage and must remain confidential. This information may include internal formulas, customer lists and business strategies. Industrial designs are a type of intellectual property that protects the external appearance and aesthetic features of a product. Once registered, designs provide protection to their owner for a certain period of time.

International trademark registration is conducted under the Madrid Protocol and administered by the World Intellectual Property Organization (WIPO). The Madrid System facilitates trademark registration in multiple countries with a single application. The application is initiated through the national patent office and is included in the international registration process. It is examined and approved according to the national legislation of each country.

The commercial value of IPRs is determined by factors such as market value, licensing potential and commercialization opportunities. This value is measured by independent evaluators and experts through various methods of analysis. Commercial valuation of IP allows companies and entrepreneurs to optimize their return on investment.

Curiosities About Internet Law Practice Service

Internet law is a branch of law that covers the legal regulation of online activities and the rights and obligations on the internet. Our firm offers professional legal assistance in the field of internet law, such as personal data protection, drafting digital contracts, combating cybercrime and content regulation. These services help individuals and businesses protect their legal rights online.

Protection of personal data is a priority issue under internet law. Our law firm advises companies and individuals on establishing data protection policies, fulfilling the obligation of disclosure and managing legal processes in case of data breach in line with international regulations such as the Personal Data Protection Law No. 6698 (KVKK) and GDPR.

Yes, our firm offers legal assistance related to cybercrime. We guide our clients through litigation, complaint preparation and legal defense against fraud, data theft, phishing and other cybercrimes. Our goal is to prevent all kinds of violations and protect the rights of our clients in digital environments.

Our office provides legal support to our clients who have been victimized by unfair content on the internet in content removal and access blocking requests. This process includes documenting the victimization, filing an application to the court and delivering the legal decision to the relevant platform. We also manage the legal procedures necessary for the removal of the access block after the decision.

Yes, our firm provides professional legal advice on drafting and reviewing digital contracts. We draft contracts in accordance with legal requirements to ensure the reliability of electronic signatures and digital contracts. This service is especially important for e-commerce companies and online service providers.

Our office provides legal counseling for the protection of consumer rights within the scope of electronic commerce legislation. We follow the legal processes regarding consumers' right of withdrawal, product return, information obligations and after-sales support. This service provides assurance for both consumers and e-commerce businesses.

The right to be forgotten is the right of individuals and businesses to request the removal of outdated, misleading or defamatory content published online. This right ensures the protection of digital reputation within the framework of personal data protection. Our law firm provides legal support to our clients in the effective exercise of this right.

Yes, within the scope of the right to be forgotten, you can apply to social network provider search engines to request the removal of defamatory, misleading or outdated content about you or your business. Our law firm supports you in preparing applications effectively and in accordance with the legal basis and managing the processes.

Content removal applications are submitted through the official application forms of social network providers. The application must include links to the content to be removed, the reasons for removal and the identity of the applicant. Our law firm provides legal support to our clients to ensure that this process is carried out correctly and effectively from start to finish.

If a social network provider rejects your application, you have the option to take legal action. Our law firm ensures that our clients' rights are protected by managing appeals and court proceedings.

The right to be forgotten is regulated under the General Data Protection Regulation (GDPR) in the European Union and the Personal Data Protection Law No. 6698 (KVKK) in Turkey. These regulations guarantee the right of individuals and businesses to request the protection of their personal data and, where necessary, the removal of such data. Our office guides our clients within this legal framework.

The right to be forgotten does not cover content that is in the public interest, aims to inform the public or is considered within the scope of freedom of the press. For example, the activities of public figures or current and verifiable news may be exempted from this right. Our office analyzes each application in line with these criteria and determines the best legal strategy.

Our law firm provides legal advice and remedies to remove false, misleading or defamatory content published online to protect the digital reputation of businesses. We guide our clients through the process, ensuring effective filings and managing the legal process.

Curiosities About Immigration Law Service

A residence permit is the document that allows foreigners to reside legally in a country. The application process is usually done through immigration authorities or consulates and the required documents include a photocopy of passport, biometric photograph and proof of residence. Our law firm guides clients in their residence permit applications, preparing the documents and monitoring the application process.

A work permit is a document that allows foreigners to work in a particular country. The application requires documents such as employer's and employee's documents, employment contract and biometric photographs. Our law firm offers comprehensive support in preparing work permit applications and following the relevant procedures.

Citizenship applications are made by individuals who meet the citizenship requirements of the country of application. Required documents include length of residence, financial qualification and criminal record. Our office provides guidance to our clients in the correct preparation of documents and guidance throughout the process.

Family reunification is an application to bring one's family to the country of legal residence. Applicants are usually spouses, children and parents. The application requires documents such as a marriage certificate, birth certificates of children and a residence permit. Our law firm provides consultancy services to ensure that family reunification applications are made in a complete and correct manner.

Refugee status is the right to international protection granted to persons who have fled their country because of persecution or war. The right to asylum is the right of individuals to seek safety and protection in another country. Our office assists in managing the legal processes and providing legal support in refugee and asylum applications.

Migrants' rights are determined by the local laws of the country where they live and international conventions. These include basic rights such as education, access to health care, the right to work and housing. Our office provides counseling services for migrants to protect these rights and fulfill their legal obligations.

Our law firm offers a comprehensive range of immigration law services, including residence and work permits, citizenship and family reunification applications, refugee and asylum applications. We also assist foreigners in matters such as residence extension, visa processing and general legal advice.

A residence permit extension application is a procedure that is submitted close to the expiry of the residence permit. The application requires the existing residence permit, a copy of the passport, a statement of address and proof of financial capacity. Our law firm guides our clients in the smooth processing of residence permit extension applications.

NOTE: The answers given here are intended to provide general information on the issues of interest. You can contact our law office for detailed information and legal consultancy regarding the concrete case.