Companies and commercial enterprises should operate intertwined with the law throughout the entire part of their commercial lives, starting from the establishment processes. In the constantly changing and developing business world, companies are subject to very detailed legislation provisions. In addition to these, it is necessary to know that there are severe consequences of not complying with these necessary provisions. On the other hand, companies may have to enter into serious commitments within the contracts they continue to make with other private law legal entities.
In general, if the legal framework is not drawn correctly and properly within the provisions of the contract, serious damages may arise. Therefore, situations such as the occurrence of legal disputes with both public and private law legal entities of companies and commercial enterprises are inevitable. In such cases, it is most important to work regularly with a company lawyer in order to prevent problems by managing to get effective and efficient legal support. As it is known, various types of companies can be established. The most preferred company type among the company types in our country is the Limited Liability Company type. Our law office operating in Istanbul provides legal services to its clients and clients by our Istanbul Limited Company lawyers.
Who is a Corporate Lawyer?
When the company lawyer is to be examined in general, it is called the people who continue to provide consultancy services against the legal problems that may arise in the business life of the companies and represent the companies in the disputes that are the subject of the trial. Persons who take part as company lawyers consist of people who specialize in the field of Commercial Law. The company lawyer arises from legal disputes that are involved in the general functioning of a company to be a party After anticipating the legal problems that may arise, it is called the branch, which helps the necessary legal protections along with informing the clients against the negotiation stage situations of the contracts. In addition to representing their clients before the judicial authorities within the points related to litigation or enforcement proceedings, these persons are the persons who are with them in obtaining their rights.
Why is Legal Advice Necessary?
When companies are to be examined in general terms, if they always work regularly with a legal advisor, it occurs in areas such as the arrangement of the contract that creates the legal relationship. Together with the trial stages, its execution generally occurs through a single law office. This situation helps to improve the corporate memory of companies in general.
It provides better levels of legal protection for people who have experienced issues such as legal disputes that the company may encounter from the cases it follows immediately beforehand, and for the company's legal advisor, and then for the people it takes part in the contracts to be prepared. As the company continuously carries out its legally occurring processes, it takes place in a more dominant way in the legislation to which the sector in which the company continues to operate.
It is effective for commercial enterprises that do business with the company on an ongoing basis, as well as a better understanding of their motivations and true intentions. At the same time, this will help contract negotiations to be carried out more efficiently. Legal consultancy services, which are regularly included in all these situations, are effective both to increase the efficiency of the company and to prevent serious losses.
What Does Legal Counsel Do?
When the works of the legal counsel will be examined in general, it is the name given to the persons who continue to provide legal consultancy services within the legal units occurring within the scope of public legal entities and who represent the institution at the trial stage with the preparation of contract texts as well as internal arrangements. It is known that lawyers who continue to provide legal consultancy services to companies according to their requests at certain time intervals are also referred to as legal counsel
Is it Obligatory to Have a Lawyer in Joint Stock Companies?
When the details of the provision added in 2008 within the scope of the Attorneyship Law are examined; It has become obligatory for joint stock companies with a capital of 250,000 TL or more to make a contract with a lawyer. In addition to the fact that the remaining companies are not obliged to receive legal consultancy services except for the provision whose explanations have occurred, it is also useful to work regularly with a company lawyer because of the benefits described above.
What are the services to be provided by the company lawyer?
Arrangement of the contracts determined as the basis of the establishment process and follow-up of the necessary transactions
Answering all kinds of legal questions of authorized persons within the scope of the Company
Editing and modifying the drafts prepared for the contract
Taking part in contract negotiations when necessary
To take part in the necessary information about the legal disputes that may arise in relation to the scope of preventive law
Stages of the preparation of the minutes of the general assembly meeting together with the board of directors
Stages of the organization of the organizational chart, as well as the internal directive of the company
Stages of arrangement of the contracts required for acquisitions with the merger of the company
Providing the necessary responses to salary foreclosure warrants
Stages of filing lawsuits for cancellation of the necessary objections despite the unlawful tax penalties
Participate in negotiations that are necessary, such as mediation or conciliation
Providing legal services in all kinds of cases in which the company is a party
Along with the stages of initiating enforcement proceedings, situations such as the occurrence of the necessary transactions for the collection of the receivable are necessary
In the event that steps such as a legal consultancy agreement with the company lawyer occur, all the services deemed necessary mentioned above continue to be provided for a fixed fee determined monthly through the agreed law office. Making separate agreements with lawyers for all the services mentioned and deemed necessary will be financially excessive for the companies. Therefore, obtaining consultancy services in this field is important as preventive law in a great respect.
The most important topic of Commercial Law, where knowledge and experience should be at the maximum level in private law areas, is Company Law. For more general and detailed information about Commercial Law, you can review our Istanbul Commercial Law Lawyer article. In this article, we will examine the Istanbul Company Law Attorneyin detail. As Istanbul Company Lawyer, we offer you professional legal support in matters related to the establishment of the company and the operation of the company and in all matters you may need during the process.
WHICH COMPANIES HAVE LEGAL PERSONALITY?
Companies with legal personality are Joint Stock Companies, Limited Liability Companies, Collective Companies, Commandite Companies and Cooperatives regulated in the Turkish Commercial Code. The fact that a company has legal personality means that the company is responsible for the 1st degree against the debts of the company. Within the scope of the liability of the partners for the debt; In sole proprietorships, the liability of the partners for debts is second-order and unlimited (except for the limited partner), while in Capital Companies the liability of the partners is only as much as the amount of capital. Although companies are subjected to more than one distinction in Turkish Law, the most important distinction is active joint participation. If the active participation of the shareholders of the company in the company affairs is high, this company is considered as a sole proprietorship. You can reach detailed information from our Istanbul Sole Proprietorship Lawyer article.
In sole proprietorships, the partners can bring all kinds of capital and labor to the company because the liability of the partners for the debts is unlimited and with all their assets, while in the joint stock companies which are capital companies, the partners have no responsibility other than the capital they have committed to the company due to the company debts. Since the responsibility of the partners cannot be taken in Joint Stock Companies, the partners can be both a real person and a legal person. In order to reach detailed information about joint stock companies, you can review our Istanbul Joint Stock Company Lawyer article.
In limited liability companies, which are capital companies, the partners are obliged to fulfill their capital shares and the additional payment and ancillary obligations stipulated in the company contract. Termination provisions may be applied for the partner who does not fulfill his obligations. You can reach detailed information about limited liability companies from our Istanbul Limited Company Lawyer article.
HOW MUCH CAPITAL IS NEEDED TO START A COMPANY?
The most important thing required to establish a company in Turkey is capital. The type of capital company differs according to whether it has a principal-registered capital. Since the liability of the partners for the debts in sole proprietorships is unlimited with all their assets, the partners can bring all kinds of capital and labor to the company. In joint stock companies; While the capital of TL 50,000 stipulated in the law is sufficient for the company with the main capital, it can be established with a capital of TL 100,000 since the capital increase in the registered capital company is transferred to the board of directors. Limited liability companies, on the other hand, can be established with a capital of TL 10,000 determined by law since they are companies with main capital. In limited liability companies and collective companies, there is no required amount of capital. In this regard, according to the field of activity to be maintained by the company to be established in Turkey, the opportunity to benefit from certain Grants and Incentivesmay come to the agenda. The amount of capital required to be specified in this context also varies and it is useful to get help from the Istanbul Company Lawyer in this regard.
HOW MANY PARTNERS CAN COMPANIES BE ESTABLISHED WITH?
Although the number of shareholders of the companies is regulated by the Turkish Commercial Code, according to the type of company; A joint stock company can be established with at least one partner, a limited liability company with at least one and a maximum of 50 partners, a general company with at least two people, a limited liability company with at least two people, one of whom is a limited partner and one of whom is a limited partner, and cooperatives can be established with at least 7 partners.
WHAT ARE THE TYPES OF COMPANIES IN TURKEY?
While company types are divided into ordinary companies and trading companies according to whether they are regulated in the Turkish Commercial Code, they can also be divided according to whether individuals or capital dominate the structure of the company. Ordinary companies (ordinary partnerships) are companies in which two or more persons undertake to combine their labor and property to achieve a common goal, as regulated in the Turkish Code of Obligations. The companies that are regulated in the Turkish Commercial Code and have legal personality are trading companies. Ordinary companies do not have legal personality and all transactions are carried out in the name of the partnership. Commercial companies, on the other hand, have a legal entity and are a separate structure from the partners. In companies dominated by individuals, the business of the company is formed by the reputation and personal power of the persons. Partners due to debts of the company 3. While being liable to individuals with their personal assets, the share/partnership cannot be transferred or inherited without the permission of the other partners. In capital companies, the main thing is the capital of the company. Therefore, the transfer of shares/partnerships is easier. Capital companies are joint stock companies, limited liability companies and limited liability companies whose capital is divided into shares, respectively.
WHICH TYPE OF COMPANY IS MORE ADVANTAGEOUS?
Today, joint stock companies and limited liability companies are the most common types of companies. Although joint stock companies seem to be more advantageous in terms of ease of operation and allowing share transfers, it is useful to consult an Istanbul Company Lawyer who is specialized in company establishment transactions according to the type of commercial activity you plan to carry out and your partnership structure.
Company types and establishment stages vary according to the type of company you choose; Different legal rules and practices are encountered in issues such as taxation, share transfer, capital costs. It will be useful to prepare the articles of association of the company by an Istanbul Company Establishment Lawyer at the company establishment stage. When your company starts your commercial activities after the establishment of your company, you will need to work with an Istanbul Company Lawyer who will regularly help and provide legal advice to your company in order to prevent negative results that may arise due to the company's business and operations.
WHAT DOES A COMPANY LAWYER DO?
Examines the contracts drawn up by the Company; controls the contracts prepared by the other party.
The company regulates its articles of association.
By determining the most suitable company type for you, the Company follows the establishment procedures.
Assists in the necessary legal procedure for the partners of the foreign company.
It keeps track of the bank accounts and official transactions that the company will use.
Carries out all execution proceedings on behalf of the Company and ensures collection.
Takes the necessary legal actions against all tax disputes related to the Company.
Provides legal support to the human resources department.
Prepares the company's employment contracts.
It files lawsuits on behalf of the company and follows up the lawsuits filed against the company.
It follows and guides all legal procedures from the establishment of the company to its liquidation.
It carries out the capital increase and decrease operations of the company.
It protects the rights of the employee and the employer in disputes arising from labor law between the company and the employee.
It gives the necessary answers to the notices/notices sent to the companies.
It ensures that the employee personnel files are arranged in a way that does not cause conflict in the future.
Issues termination documents.
Responds to salary liens.
IS IT OBLIGATORY TO HAVE A LAWYER IN COMPANIES?
Except for the cases listed in the law, companies are not obliged to have a lawyer. According to the provision of Article 35/3 of the Attorneyship Law No. 1136, which regulates the obligation to have a lawyer, joint stock companies with a capital of 250,000 TL or more and building societies with a number of members of 100 or more must also have a contracted lawyer. Companies that violate the mandatory requirement to have a lawyer are subject to an administrative fine for each month that they do not have a contracted lawyer. The amount of this penalty is the amount of two months of the gross minimum wage in force at the time of the crime. This amount applies separately for each month in which the company does not have a lawyer and the total amount will be determined. Considering the scope and amount of the administrative fine foreseen in this context, it is clear how important the obligation to have a lawyer is and that companies that are obliged to have a lawyer must work with the Istanbul Company Lawyer. In case of working with the Istanbul Company Lawyer in terms of commercial disputes that may be on the agenda in Turkey or on international platforms, no victimization is experienced, legal processes are duly carried out and access to up-to-date information on company law and commercial law, which is a highly technical field, will be provided. In this context, it will be useful for everyone, regardless of any kind of commercial business, to apply for the legal support of a Turkish Company Lawyer who is an expert and experienced in the field.
HOW TO CHOOSE A COMPANY LAWYER?
Companies should carefully select the lawyers and law firms they will work with as they need legal advice and advocacy services while continuing their activities. It needs an Istanbul Company Lawyer who is specialized in the fields of labor law and commercial law. Companies may be parties to business and disputes concerning every branch of law, as well as may encounter disputes in every branch of law. At the same time, Companies that need regular reporting should be available to the legal service at any time. Time and discipline are very important for the orderly and error-free progress of things in companies. If the establishment process of the company is followed together with an experienced Istanbul Company Lawyer, it will be ensured that the rights granted to you by the law can be used effectively. With the support of Istanbul Corporate Law Lawyer , the person can use their rights effectively and quickly. We serve as an experienced Istanbul Company Lawyer operating in Istanbul and represent you in civil courts. As Istanbul Company Lawyer, we provide support for the follow-up and management of the process as a law firm that provides regular reporting and services in different branches. As the Istanbul Company Lawyer, if a power of attorney relationship is established, we provide legal assistance in the continuation of the commercial life of your company from the establishment stage. As Istanbul Company Lawyer, we provide services related to civil cases opened against you all over Turkey, especially in Alanya, Ankara, with our crowded team of lawyers.