Category Archives: Publications

NOTIFICATION OBLIGATION HAS BEEN IMPOSED ON BEARER SHAREHOLDERS WITHIN THE SCOPE OF NEW AMENDMENTS IN THE TURKISH COMMERCIAL CODE

The regulations regarding bearer shares in the Turkish Commercial Code (“TCC”) was amended with Articles 29 to 34 of the Law No. 7262 on the Prevention of the Financing of the Proliferation of Weapons of Mass Destruction (“Law”), which entered into force upon publication in the Official Gazette dated December 31, 2020. In accordance with […]

FAMILY CONSTITUTION OR SHAREHOLDERS’ AGREEMENT?

Many family businesses with the aim for institutionalization establish some rules in order to regulate the relations between the company shareholders to facilitate the management of the company and to make its existence long-term. Most of the time, these rules are gathered under the family constitution and signed not only by the shareholders, but by […]

WHAT ARE THE LEGAL AND CRIMINAL LIABILITIES OF DIRECTORS REGARDING THEIR CORPORATE DUTIES?

Members of the board of directors and general managers in joint stock companies, and company managers in limited companies often do not have information about the legal, criminal and financial liabilities they undertake regarding company management. This lack of information prevents managers from taking the necessary measures to protect themselves and the company, resulting in […]

HOW TO MAINTAIN CONFORMITY TO ARM’S LENGTH PRINCIPLE WITHIN THE SCOPE OF TRANSFER PRICING?

Transfer pricing means the pricing applied by companies that are directly or indirectly related to each other in the purchase and sale of goods or services. The types of transactions which are accepted to be within the scope of disguised profit distribution through transfer pricing are indicated under 1st paragraph of Article 13 of the […]

DO THE COMMERCIAL ACTIVITIES CARRIED OUT BETWEEN THE GROUP COMPANIES CREATE A RISK WITHIN THE SCOPE OF TRANSFER PRICING?

Transfer pricing means the pricing applied by companies that are directly or indirectly related to each other in the purchase and sale of goods or services. The types of transactions which are accepted to be within the scope of disguised profit distribution through transfer pricing are indicated under 1st paragraph of Article 13 of the […]

DETERMINATION AND CONSEQUENCES OF COLLUSION WITHIN MAIN EMPLOYER – SUB-EMPLOYER RELATIONSHIP

It is common for many companies to employ a subcontractor for the performance of ancillary services that are outside of their main field of activity or to employ a group company employee in another group company by transferring personnel between group companies. However, most of the time, this main employer – sub-employer relationship is not […]

ARE EMPLOYERS OBLIGED TO REFUND ALL SHORT WORKING BENEFITS DUE TO THE BREACH OF TERMINATION PROHIBITION FOR EMPLOYMENT CONTRACTS?

The short-term working model, regulated by the Additional Article 2 of the Unemployment Insurance Law No. 4447, is currently being implemented by many employers who are experiencing difficulties due to the Coronavirus (COVID-19) epidemic. In connection with such working model, pursuant to Provisional Article 10 of the Labor Law; it is regulated that all kinds […]

WHAT SHOULD BE TAKEN INTO CONSIDERATION IN PERSONNEL EMPLOYMENT WITHIN MAIN EMPLOYER-SUB-EMPLOYER RELATIONSHIP?

In today’s conditions; many companies leave the performance of ancillary works of their facilities which are outside their main field of activity, but needed for the realization of these activities, such as security, reception, cleaning, catering, to subcontractors for economic, technical or administrative reasons. However; definitions of sub-employer and main employer and the related regulations […]

DEFECTS LIABILITY UNDER CONSTRUCTION CONTRACTS

A construction contract (eser sözleşmesi) is a contract in which the contractor undertakes to create a work and the employer undertakes to pay a price in return. All contracts under which the contractor undertakes to create a work, such as contracts for the construction of movable or immovable properties, contracts for the installation of facilities […]