The Turkish economy continues to grow and develop every year, and it is known that commercial companies have an important spot in this matter. The share of firms and companies in our economy is increasing every day in line with the goals of our country regarding the free market economy.

Regarding companies, the process they follow from their establishment to the further stages after it, such as procedures and forms of organization, are carried out under each country’s own legal legislation. This process should be carried out in a manner implied in the Turkish Code of Obligations No. 6098 and the Turkish Commercial Code. There are two groups of companies in Turkey, commercial and ordinary, according to their qualification. 

The definition of ordinary partnership has been given in accordance with the Turkish Debt Law No. 6098. In accordance with the relevant article, ordinary partnership agreement is the contract in which two or more people undertake to combine their labor and property to achieve a common goal. If a partnership does not have the distinctive qualities of partnerships regulated by law, the partnership is considered a common partnership subject to the provisions of this section.

AOrdinary companies do not have legal entities. It is recognized as a rule that legal entities have an independent existence from the goods and individuals that originate them. Since ordinary companies do not have a legal entity, the people forming this association are primarily and severally liable for their debts.

In order to prepare the articles of association of a company and prevent possible disputes that may occur at subsequent stages, the agreements related to the company should be based on a gilt-edged legal basis and the related processes should be examined for legal relevance. In order to achieve this, seeking help from lawyers who are experts in gilt-edged methods is an important requirement. 

Hence, as a result of the studies started in 2001 in Turkish Law, joint stock companies with five times or more of the principal capital stipulated in the Turkish Commercial Code were required to have a contract lawyer. An application was filed to the Constitutional Court for the annulment request of the third paragraph of the Law No. 1136, which was amended by Article 329 of the Law No. 5728 of 23.01.2008, in terms of “joint stock companies”. As a result, the Constitutional Court decided that the provision of the law stated was not unconstitutional, in other words, the obligation to have a lawyer in joint stock companies was not unconstitutional in its meeting dated 30.06.2011.

Our Fields of Activity

Get Info