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CROSS-BORDER TRANSACTIONS AND DISPUTES

International Legal Coordination

In cross-border transactions, we coordinate Turkish law, foreign counsel, documents, time limits and application procedures toward the shared objective of your file.

COUNTRIES, AUTHORITY AND A JOINT TRANSACTION PLAN

How are your cross-border transactions coordinated?

The right country, authorized counsel, usable documents and time limits tracked separately.

International legal coordination means determining which work is carried out in which country, by whom and in what order in a transaction, contract, lawsuit or enforcement proceeding connected with more than one country. Communication with foreign attorneys, document preparation and reporting are handled together with the review of jurisdiction, applicable law and time limits.

Güneş & Güneş Law Firm may undertake advice and representation on Turkish law and the overall coordination of the file. Foreign-law opinions and representation requiring local authority in that country are carried out by an independent counsel authorized in the relevant jurisdiction. The scope of the assignment, fees, information sharing and responsible persons are determined at the outset.

Companies’ transactions abroad, foreign investment, contracts, multi-country disputes, and personal and family matters are planned according to the needs of the file. Work with the client’s existing foreign attorney can continue; when new counsel is needed, professional registration, subject matter and authority are checked.

If there is an imminent time limit or a need for urgent protection, state in your first message the country, the date of the decision or notification and the expected outcome. Sending only a preliminary consultation request does not suspend the time limit or mean that representation has been undertaken.

Who is this service suitable for?

  • Businesses based in Türkiye planning investments, companies, joint ventures or commercial transactions abroad.
  • Foreign companies, investors and international corporate groups conducting transactions in Türkiye.
  • Individuals and institutions that need litigation, arbitration, receivables or asset tracing in more than one country.
  • Individuals with foreign documents, powers of attorney, or inheritance, real estate, family or personal-status transactions.
  • Foreign attorneys and in-house legal departments seeking work on Turkish law and local coordination.

In which situations is a prompt assessment needed?

  • A lawsuit, decision or administrative letter that has been formally notified, or an approaching time limit for objection or application.
  • The risk that assets will be transferred, money will be moved or records will be lost.
  • An upcoming transaction date tied to a signature, payment, registration, permit or delivery of documents.
  • A search, seizure, detention, regulatory inquiry or urgent data request in a foreign country.

An urgent action is planned through the authorized counsel in the relevant country and the procedure of the authority. Do not upload comprehensive identity, lawsuit or trade-secret documents to the general contact area.

SCOPE OF SERVICES

Our international legal coordination services

From the file plan to the use of documents, from foreign counsel’s opinion to the implementation of a decision: 42 areas of work. The details explain the work to be undertaken and the limits of authority.

File plan and counsel coordination

Country and transaction plan

We identify the countries, connecting points, authorities and imminent dates. We gather local-law opinions through shared questions and clarify the order of work, the responsible persons and the matters requiring a decision.

  • Country and responsibility table
  • Applicable law and opinions
  • Time limits and order of procedures
Review the scope and procedures: Country and transaction plan

Multi-Country File and Legal Connection Map

Parties, group companies, citizenships, places of residence, assets, places of signature and performance, relevant authorities and existing contracts are mapped by country. The effect of each connection on jurisdiction, applicable law, documents or the transaction calendar is shown as a separate work package.

Country, Authority and Responsibility Matrix

The counsel, notary, translator, tax or technical team that will act in each country and the company unit that will decide are identified. Responsible, approving, consulted and informed persons are separated in a written matrix.

Multi-Country Calendar, Time Limit and Dependency Management

Statutes of limitations, preclusive periods, lawsuit, objection, meeting, signature, notary, certification, payment and closing dates are recorded by country. The effect of a delay in one country on other work packages and an alternative order of steps are made visible.

Coordination of Legal Opinions Across Multiple Jurisdictions

A joint summary of facts and a country-by-country set of questions are prepared; foreign counsel are prevented from using the same concepts in different senses. Opinions are consolidated with their date, source, assumptions and limitations; differences between opinions are explained in a decision note.

Content of Foreign Law and Confirmation That It Is Current

The opinion on foreign law is obtained from authorized local counsel, and the date of amendment and official sources are indicated. An internet summary or an earlier file text is not used in place of a current foreign-law opinion.

In a dispute with a foreign element heard in Türkiye, under Article 2 of Law No. 5718 the judge applies the competent foreign law ex officio; the judge may ask the parties for assistance in determining its content. A foreign counsel’s opinion does not remove this duty of the court. The situation in which the content cannot be determined despite research is regulated separately in the law.

Legal basis: 1

Working with foreign attorneys

We separate work on Turkish law from the action to be taken in a foreign country. We determine the authority, conflict-of-interest, engagement and fee terms of the existing or new foreign counsel.

  • Professional registration and authority
  • Conflicts of interest and scope of assignment
  • Advice on Turkish law
Review the scope and procedures: Working with foreign attorneys

Principal Advisory on Turkish Law and File Management

Contract, company, lawsuit, data, license and enforcement topics relating to Turkish law are handled in a single work plan. By examining the effect of opinions from foreign countries on the objective in Türkiye, an integrated outcome note is prepared for management or the individual.

Selection of Foreign Counsel and Authority Check

Suitable foreign counsel candidates are evaluated on the basis of the relevant country, jurisdiction, type of transaction, language and professional authority. Professional registration, scope of assignment, independence and whether the engagement is direct or coordinated are explained.

Conflict Check, Engagement and Fee Scope

The minimum party information needed for the foreign counsel’s conflict check is shared securely. The job description, excluded work, delivery date, report language, fee, expenses, invoicing and the method of amendment are clarified in writing.

Legal basis: 2

Reporting and file closing

We consolidate country opinions, open matters and decisions in a joint report. At the end of the work, we tie documents, powers of attorney, access and continuing obligations to a closing plan.

  • Multilingual status report
  • Decision and cost tracking
  • Authority, document and archive order
Review the scope and procedures: Reporting and file closing

Multilingual Reporting, Decision and Transaction Record

Country opinions are turned into a regular report in the form of a joint summary, open matters, time limits, responsible persons, financial status and matters awaiting a decision. Translation is separated from legal opinion; each conclusion is shown with its source and the date it was checked.

Decisions made by telephone or in meetings are confirmed with a short written note; interpretation of the same instruction in different ways by different counsel is prevented.

File Closing, Termination of Authority and Archive Plan

When the transaction or dispute is completed, the foreign counsel’s files, powers of attorney, access accounts, original documents, retention periods and continuing obligations are reviewed. Destruction, return, archive, subsequent notifications and a lessons-learned note are completed with a written closing list.

Legal basis: 2, 6

Contract, investment and corporate transactions

Cross-border contracts

We review choice-of-law, court and arbitration clauses together with performance of the contract. We manage local annexes, texts in different languages and negotiation changes within a single framework.

  • Sales, services and licenses
  • Law, jurisdiction and arbitration
  • Negotiation and consistency of texts
Review the scope and procedures: Cross-border contracts

Coordination of Applicable Law, Court Jurisdiction and Arbitration Clauses

The choice of law, court jurisdiction, arbitration, service of documents and language clauses in the contract are reviewed together. The validity of the clauses in the selected countries and the consequence a decision will have where it is to be enforced are confirmed with foreign counsel.

Cross-Border Contract Drafting and Review Process

The country annexes and mandatory provisions of a sales, distribution, services, license, technology, supply or joint venture agreement are coordinated. Which of a single text, a bilingual text or a main-agreement-and-local-annex structure is suitable is determined.

Conflicts between provisions in versions in different languages, country-specific mandatory regulation, the scope of an intellectual property license and which text will prevail are clarified. The main work within the scope of contract review can be determined separately from the coordination assignment.

Coordination of International Commercial Negotiations

Changes from the parties’ legal, tax, finance, operations and regulatory teams are collected in a single negotiation list. Open issues are tracked together with the decision-maker, commercial impact and legal options.

Legal basis: 1, 8

Company, transfer and investment

We plan company decisions, permits, signature, payment and registration by country. We match the preconditions for formation, share or asset transfer and investment with the relevant local teams.

  • Company and group transactions
  • Share, asset and company transfers
  • Investment, signing and closing
Review the scope and procedures: Company, transfer and investment

Cross-Border Corporate Governance and Group Company Transactions

The decision, authority, reporting and internal approval structure of the parent company, affiliated companies, branches and representative offices is separated by country. Completion of board of directors, general assembly, signature and power of attorney transactions on a joint calendar is coordinated.

Overseas Company, Branch and Liaison Office Transactions

Before formation or closure, the purpose, activity, capital, shareholders, managers, licenses, tax and employment topics are planned with local counsel and other authorized professionals. Company decisions in Türkiye and registration requirements in the foreign country are placed in a compatible order.

Share and Asset Transfer and Closing Management

In the cross-border transfer of shares, a business, a contract, an intellectual property right or another asset, preconditions, signature authorities, deliveries, payment and registrations are tied to a closing list. In which country and in what form documents will be signed is verified in advance.

Cross-Border Mergers and Acquisitions Implementation Coordination

Legal due diligence, competition clearance, foreign investment control, corporate decisions, financing, data and employee transfer topics are matched with the relevant practice areas. This service manages the multi-country implementation plan without repeating the primary review of the merger and acquisition.

Foreign Investment Process Coordination

The company, contract, real estate, financing, incentive, permit, tax and profit transfer dimensions of the investment are separated by country. Work on investment law in Türkiye and the investor’s approval and reporting needs in its own country are tracked on the same calendar.

Legal basis: 1

Permits, finance and financial coordination

We review regulatory permits, the identity and control structure of the parties, bank documents and trade restrictions. We coordinate tax, customs and accounting questions with authorized professionals.

  • Permits and sanctions review
  • Identity, bank and payment
  • Tax, customs and financial records
Review the scope and procedures: Permits, finance and financial coordination

Multi-Country Regulatory Application and Permit Tracking

The competent authorities for sector permits, competition notifications, capital movements, licenses, products, exports or other administrative procedures are identified. Whether approval in one country is a precondition for an application in another is confirmed with the relevant local teams.

Sanctions, Export Control and Sectoral Restriction Coordination

Questions on sanctions, export controls, end users, product classification and sectoral restrictions in the countries party to the transaction are directed to the authorized foreign counsel. The rules applicable in Türkiye are examined separately; a screening result alone is not considered a final legal opinion.

A sanctions list screening is not sufficient without examining the person’s ownership and control structure and the end use of the product. The legal applicability of a foreign regulation and the bank’s transaction acceptance policy are assessed separately; no transaction model aimed at circumventing restrictions is built.

Know Your Customer (KYC), Ultimate Beneficial Owner and Corporate Records Package

The identity of the parties, ownership and control structure, signature authority and current registry records are compiled to the limited extent required for the transaction. Certification, date and translation formats suitable for requests from different countries or banks are planned for the same record.

Bank, Payment, Security and Escrow Account Documents

The payment route, currency, bank verification, security, conditional payment and escrow account documents are tracked together with the legal closing. The financial institution’s current procedure, authority and data requests are verified by the relevant party.

This service does not mean that the firm is a bank or escrow account provider. The institution authorized to hold the money, the release conditions and the payment instruction are determined separately. For notices of an account change, confirmation through a known independent communication channel and an internal company approval arrangement are recommended.

Tax, Customs and Accounting Coordination

The tax, withholding tax, double taxation, transfer pricing, customs and reporting consequences of the legal structure are handled together with authorized financial advisers (mali müşavir) or tax advisers. The law firm does not provide financial certification or declaration services in place of these regulated professions.

Legal basis: 1, 6

Documents, service of documents and data sharing

Power of attorney, apostille and translation

We review together the requirements of the place where the document is issued and the authority where it will be used. We put the steps of special authority, original or copy, notary, certification and translation in the correct order.

  • Powers of attorney and special authority
  • Apostille or consular certification
  • Translation and acceptance by the authority
Review the scope and procedures: Power of attorney, apostille and translation

Powers of Attorney to Be Used Abroad

The scope of the power of attorney, special authority, term, revocation, delegation (tevkil), form of signature and the country of use are determined at the outset. For a power of attorney to be issued in Türkiye or sent from abroad to Türkiye, the sequence of notary, consulate, apostille/certification and translation is prepared separately.

Transactions requiring special authority under Article 74 of Law No. 6100 in representation in a lawsuit in Türkiye are assessed separately. A text of authority to be used abroad is not considered complete by translating a sample valid only in Türkiye.

Notary, Apostille, Certification and Consular Procedures

The type of document, the state in which it was issued and the state in which it will be used, the applicability of the Hague Apostille Convention, reservations or objections and any exemption from certification are checked. The competent authority, appointment, annexes and dispatch plan are coordinated.

Sworn and Certified Translation Procedures

The translation language, the translator’s qualification, notary or consular certification, bilingual documents and format requirements are determined so as to be compatible with the target authority. A legal terminology list is prepared and names, company titles, dates and numbers are checked.

Legal basis: 3, 9, 10, 15

Service of documents and obtaining records

We identify the addressee’s address, the country and the type of document. For service of documents, registry information, evidence and international letters rogatory, we coordinate the competent authority, the language and the procedural route.

  • Service of documents abroad
  • Obtaining information, registry records and documents
  • Letters rogatory in civil and commercial matters
Review the scope and procedures: Service of documents and obtaining records

Service of Documents Abroad and Procedural Coordination

The addressee’s status, known address, type of document, country, applicable convention, central authority, language, copies and costs are examined. The return of the notification record and its effect on the time limit for filing a lawsuit or objecting are entered in the file calendar.

The 1965 Hague Service Convention is used in civil and commercial matters in which its conditions of application are met; the case in which the addressee’s address is unknown is outside the scope of the Convention. Türkiye has objected to the methods in Article 10. This declaration concerns service in Türkiye; when sending from Türkiye to another country, that country’s declaration and the procedure it accepts are examined.

Obtaining Information and Records from Abroad

It is determined by which route (voluntary, open source, court order or judicial assistance) company, bank, official registry, workplace, communication or other records may be requested. Confidentiality, data protection, professional secrecy and local prohibitions are examined with foreign counsel.

International Letters Rogatory in Civil and Commercial Matters

Where witness or party statements, documents, an on-site examination, an expert or address determination are needed, the applicable convention and state declarations are researched. The scope of the request in the Turkish court file, its translation, its annexes and the route of transmission to the relevant country are prepared.

Under the 1970 Hague Evidence Convention, a request is prepared between competent judicial authorities for evidence to be used in pending or contemplated proceedings. This procedure does not provide a general power of private investigation or unlimited access to foreign bank records. States’ declarations and reservations are also checked separately.

Legal basis: 4, 11, 12, 13

Data and digital records

We identify the country where the data is located, the persons with access and the legal basis for sharing. We plan internal investigations and digital review together with confidentiality, data protection and local procedure.

  • Transfer of personal data abroad
  • Internal investigations and interviews
  • Preservation of digital records
Review the scope and procedures: Data and digital records

Cross-Border Internal Investigation Coordination

In a review involving employees, managers, devices, correspondence and witnesses in more than one country, the mandate, confidentiality, employment law, data protection and interview rules are determined by country. A joint question plan, record integrity and reporting authority are conducted under a written arrangement.

Transfer of Personal Data Abroad

The data flow, the roles of the transferor and the recipient, the processing condition, adequacy decision, appropriate safeguards, standard contract, binding corporate rules or occasional-transfer conditions are examined. Required notification, technical and administrative measures, onward transfer and retention arrangements are coordinated with data protection work.

Remote access by a recipient located abroad to personal data in Türkiye may also require a transfer assessment. If the standard contract route will be used, the appropriate contract type, the signatories’ authority to sign, and the Turkish text and annexes are checked. The notification period of five business days from completion of the signatures is tracked separately; the standard text is not changed except in the fields open to selection.

Digital Record Review and Digital Forensics Coordination

The country where email, server, cloud, device and transaction records are kept and who can access them are determined. A preservation notice, access authority, data minimization, technical copy, review and secure delivery plan are prepared with the authorized teams.

In the e-discovery process, meaning the locating and review of electronic records within the scope of a dispute, the manner in which evidence was obtained and whether it can be relied on as a basis for judgment are assessed under the relevant procedural rules.

Legal basis: 2, 6, 14, 16

Dispute, judicial cooperation and protection

Litigation, arbitration and enforcement of the decision

We assess parallel proceedings, subject-matter and territorial jurisdiction, and the country where the foreign decision will be used, together. We tie the steps of service of documents, recognition, enforcement (tenfiz) and execution to the litigation or arbitration plan.

  • Parallel proceedings and jurisdiction
  • International arbitration
  • Recognition, enforcement and execution
Review the scope and procedures: Litigation, arbitration and enforcement of the decision

Use and Enforcement of a Foreign Court Judgment

A country-by-country roadmap is prepared for the recognition, enforcement, registration or other use of a foreign judgment in Türkiye or a Turkish judgment in a foreign country. Finality, service of documents, apostille/certification, translation and asset research are assessed together with the relevant practice area.

In recognition in Türkiye, under Article 58 of Law No. 5718 the reciprocity requirement in Article 54/1-a is not required; enforcement is subject to separate conditions. For the registration of certain judgments, such as a foreign divorce, in the population registry, an administrative route may be available under the conditions of Article 27/A of Law No. 5490. An apostille does not replace these procedures. The details are examined under recognition and enforcement.

Coordination of an International Arbitration File

The arbitral institution, seat, language, applicable law, arbitrator, local court support, evidence collection and the countries of enforcement of the award are tracked under a joint plan. The substantive conduct of the arbitration is carried out with our international arbitration work; proceedings under the law of a foreign seat are carried out with authorized local counsel.

Alongside the arbitration agreement and arbitrability, the country where the award will be enforced is examined from the outset. The relationship between applying to a court for interim protection and arbitration is assessed under the relevant rules; international arbitration and enforcement procedures are not regarded as the same stage.

Parallel Proceedings and Forum Strategy

Lawsuits, arbitrations and administrative proceedings filed or that may be filed in different countries on the same event are mapped. The effects of lis pendens, res judicata, jurisdictional objection, injunction, service of documents and information sharing are assessed together with the opinion obtained from each country’s counsel.

Legal basis: 1, 7, 8

Urgent protection and judicial cooperation

We assess the risk of loss of assets or records and urgent actions with local counsel. We follow mutual legal assistance in criminal matters, extradition and transfer of sentenced persons through separate work plans within their own procedures.

  • Assets and interim protection
  • Mutual legal assistance in criminal matters
  • Extradition, transfer and urgent incidents
Review the scope and procedures: Urgent protection and judicial cooperation

International Mutual Legal Assistance in Criminal Matters

Where a statement, information, record, service of documents or another action is needed in an investigation or prosecution, Law No. 6706, the treaty and the central authority procedure are examined. The request letter, summary of events, legal characterization, time limit and translation arrangement are coordinated with the criminal law work.

Coordination of Extradition, Transfer of Sentenced Persons and Transfer of Criminal Proceedings

In a request for extradition of offenders, transfer of sentenced persons or transfer of criminal proceedings, the person’s status, the decision, the offense, the treaty, the central authority and human rights safeguards are examined. Because these processes have different conditions and authorities from judicial assistance, a separate work plan is created.

Asset Research and Enforcement Coordination Abroad

Company shares, real estate, bank accounts, receivables and other asset types that are known or can be researched are classified by country. Lawful research, interim protection, recognition of the decision and enforcement are coordinated through the authorized foreign counsel.

Related detailed page: International Debt Collection and Cross-Border Enforcement

Cross-Border Interim Legal Protection

In a file involving a risk of diverting assets, loss of records, breach of contract or imminent harm, it is examined in which country, before which court or arbitrator, and what kind of interim measure may be requested. Security, notice, time limit and the connection to the main action are verified by country.

That a court or arbitral decision has been obtained does not show that the same measure will be applied automatically in another country. The law of the target country, the location of the assets, and the security and procedural conditions are examined by the foreign counsel.

Crisis, Raid, Seizure and Urgent Incident Coordination

When there is a simultaneous inspection, search, seizure, data request or regulatory intervention in more than one country, the contact list, local counsel, internal authorized persons, communication and record-preservation steps are activated. Employee instructions are prepared in line with the limits of local criminal, employment and data law.

Legal basis: 3, 5, 8

Employee and personal transactions

In matters such as work and residence, intra-company assignment, inheritance and real estate, we identify the connection between countries. We carry out the transaction in Türkiye and the transaction in the foreign country under separate authority and document arrangements.

  • Employees and place of assignment
  • Inheritance, real estate and family
  • Records connected with Türkiye
Review the scope and procedures: Employee and personal transactions

Cross-Border Employment and Global Mobility

Temporary assignment, intra-company transfer, remote work, work and residence permits, pay, social security and employer obligations are separated with the counsel of the relevant countries. The difference between the place where the employee actually is and the employer record in the contract is examined.

Foreign Real Estate, Inheritance and Personal Transaction Coordination

For real estate, an estate, a bank account, a will, and family or personal-status transactions abroad, the country, competent authority, power of attorney, tax and document requirements are planned with local counsel. The population registry, inheritance, land registry or recognition procedure in Türkiye is conducted as a separate track of the file.

Related detailed pages: Foreign Heirs and International Estate Matters; International Family Law, Divorce and Custody; International Child Abduction and Return of the Child

Legal basis: 1, 7

RIGHTS, CONDITIONS AND PROCEDURE

Important distinctions in documents, authority, service of documents and data transfer

Carrying out a transaction correctly in one country does not show that it can be used in another country or that it will have the same result. Each step is examined under its own legal conditions.

Choice of law, jurisdiction and arbitration are distinct

The law applicable to the contract, the court that will hear the case and the arbitration agreement govern different questions. Protective rules, overriding mandatory provisions, exclusive jurisdiction and arbitrability are examined separately. A choice of law in one country does not mean that all transactions will be carried out there.

Legal basis: 1, 8

An apostille is not an assurance of content or outcome

An apostille concerns the authenticity of the signature, the capacity in which the signatory acted and the origin of the seal or stamp. It does not verify the material content of the document, the validity of the transaction or its acceptance by every authority. The type of document, the treaty relationship between the two states and any exemption from certification are checked together.

Legal basis: 9, 10

A power of attorney should contain sufficient authority for the transaction

Special authority, term, delegation, revocation, signature and original-document conditions are determined according to the work to be done. Transactions requiring special authority in Turkish courts and the authority requirements in the foreign country are examined separately. An apostille does not add authority that is not in the power of attorney.

Legal basis: 3, 9

Translation and the usability of a document are separate matters

Acceptance of a sworn or notary-certified translation by the target authority is verified separately. The consistency of names, titles, dates, numbers and annexes is checked. For some documents an exemption or a multilingual form may be used; the same sequence of certification and translation is not applied automatically to every document.

Legal basis: 3, 9, 15

Email does not always take the place of statutory notification

The addressee’s address and status, the type of document, the applicable convention, the declaration of the target state and local procedure are decisive. Actual knowledge is distinguished from the time-limit-triggering effect of notification. Türkiye’s objection to Article 10 of the Hague Convention is taken into account for notification to Türkiye.

Legal basis: 4, 11, 12

Country time limits are tracked separately

Conducting talks, a lawsuit or negotiations in one country does not automatically suspend the application period or statute of limitations in another country. Dates of notification, awareness, signature and decision are recorded by country; when an imminent time limit is identified, completion of all documents is not awaited.

Legal basis: 1

A foreign judgment may require recognition, enforcement or registration

The type of judgment and the country of use are decisive. The conditions for recognition and enforcement in Türkiye differ; reciprocity is not required for recognition. For some personal-status judgments an administrative registration route may be available. A certified judgment does not by itself make it enforceable.

Legal basis: 1, 7

A confidentiality agreement alone is not sufficient for a data transfer

The transfer system in Article 9 of Law No. 6698, the processing condition and the actual data flow are examined together. If a standard contract will be used, notification to the Authority is required within five business days of completion of the signatures. Continuous transfers cannot automatically be based on the occasional-transfer exception.

Legal basis: 6, 14, 16

Urgent protection and judicial assistance are different routes

An injunction, precautionary attachment, obtaining evidence, mutual legal assistance in criminal matters, extradition and transfer of sentenced persons are each subject to their own conditions. Private attorneys do not take the place of a foreign state’s judicial authority. Authority, security, human rights safeguards and the country in which the decision will be applied are examined separately.

Legal basis: 3, 5, 8, 13

How is the usability of a document checked?

Seven stages of checking a document
Stage of checkingElement to be examinedPractical note
Source of the documentOfficial document, private document, electronic record, court judgment or notarial actThe type of document affects the certification route
Authority and signatureIssuer, signatory and authority of representationA trade registry extract, signature circular or corporate body resolution may also be required
Original or copyWet-ink signature, secure electronic signature, certified copy or sampleA scanned image is not sufficient for every authority
Apostille / certificationHague Apostille Convention, bilateral agreement, exemption or consular chainAn apostille does not certify the accuracy of the content of the document or the outcome of the transaction
TranslationTarget language, translator’s qualification, notary or consular certificationA form of translation accepted in one country may not be regarded as sufficient in another
Dispatch and data securityPhysical shipment, secure portal, access and retentionPersonal and commercial data are not shared more broadly than necessary
Acceptance by the target authorityCurrent list, date, time limit, format and annex requirementThe final check is made directly through the relevant authority or the authorized local counsel

An apostille is used only where the Hague Apostille Convention is applicable between the two states concerned and the document falls within the scope of the Convention. If the Convention does not apply, a bilateral arrangement, an exemption from certification or consular certification is investigated. An apostille, a translation and the recognition or enforcement of a foreign judgment are different functions.

JOINT WORK PLAN

How are the country, duties and procedural route determined in the file?

Authority and the order of work are put in writing on the basis of the file’s objective. The client’s decisions and the counsel’s professional responsibility are kept separate.

Six dimensions of a cross-border file

Questions to be answered at the outset
DimensionQuestion to ask at the outsetProblem that may arise if not managed
Countries and connecting pointsIn which countries are the parties, companies, assets, signature, performance, damage, documents and authorities?Late identification of a necessary country or authority
Jurisdiction and applicable lawHow are the court, seat of arbitration, administrative authority and choice of law arranged?Wrong place of application, invalid clause or parallel proceedings
Actors and responsibilityWhat work will the Turkish counsel, foreign counsel, notary, translator, and tax and technical teams each do?Duplicated work, a gap in duties or conflicting instructions
Usability of documentsWhat are the requirements for the original, copy, electronic record, notary, apostille/certification and translation?The document not being processed by the target authority
Calendar and dependenciesWhich step should be completed first; what are the time limits by country?Loss of time, delay in closing or disruption of the litigation plan
Final objectiveIs the aim an opinion, signature, permit, payment, judgment, interim protection or enforcement?Interim steps being set up inconsistently with the objective

The coordination plan is not prepared under the law of a single country and copied to other countries. For each country, jurisdiction, professional rules, public authority practice, language, document format, data transfer and time limits are verified separately; the joint calendar is built on these local results.

Which participant is responsible for which work?

Participant, duties and limits of authority
ParticipantCore roleLimit of authority
Güneş & GüneşTurkish law, representation in Türkiye, principal coordination, topic list, calendar and integrated reportingDoes not undertake, in place of the counsel of that country, work requiring local authority in a foreign country
Foreign-country counselLegal opinion, applications, representation and local procedure in its own jurisdictionIs responsible for the foreign law it is authorized to practice; work relating to Turkish law is assigned separately
Client and internal teamCommercial objective, decision-making authority, provision of records and instructionsDoes not remove counsel’s independence or statutory obligations
Notary, consulate and competent authoritySignature, copy, certification, apostille or consular procedureDoes not verify all of the material content of the document or its legal effect in the foreign country
TranslatorRendering a document or communication into the target languageDoes not decide on legal opinion or acceptance by the local authority
Tax, customs, accounting and technical teamReview and implementation in its own regulated fieldDoes not take the place of legal representation or an opinion belonging to another profession

A single point of contact is designated for each file; however, this person is not presented as holding professional authority in all countries on their own. The foreign counsel’s identity, independence, conflict check, fee arrangement, data access and reporting obligation are clarified before the assignment.

Which route is followed according to the type of transaction?

Type of transaction and related area of law
Type of transactionMain coordination questionsRelated area of law
Advisory and contractsApplicable law, jurisdiction, signature, license, tax, data and sequence of performanceContracts, commerce, data protection and regulatory compliance
Company and investment transactionGroup structure, shares or assets, company decisions, KYC/UBO, payment and closingCompanies, mergers and acquisitions, foreign investment and finance
Litigation and interim protectionJurisdiction, parallel proceedings, service of documents, obtaining records, time limit and precautionary measuresPrivate international law and procedural law
ArbitrationArbitration agreement, seat, institution, arbitrator, foreign counsel and country of enforcementInternational arbitration and enforcement
Use of a foreign judgmentRecognition, enforcement, administrative registration, finality, certification and translationRecognition, enforcement and execution law
Criminal judicial cooperationCompetent authority, treaty, request letter, translation, seizure or extradition routeCriminal law and criminal procedure

OUR WORKING APPROACH

How do we conduct the transaction and dispute process?

Cross-border transaction and contract

  1. Objective and structure

    The commercial objective, parties, countries, transaction model and decision-maker are determined

    Output: Transaction summary and country list

  2. Local opinions

    Turkish law is reviewed; foreign-law questions are directed to the counsel of the relevant countries

    Output: Country notes and open-issues list

  3. Document and permit plan

    Contract, company decision, KYC, power of attorney, certification, translation and permits are sequenced

    Output: Preconditions and deliverables list

  4. Negotiation and approval

    Changes, risks and commercial decisions are managed in a joint list

    Output: Approved final texts

  5. Signing and closing

    The form of signature, payment, delivery, registration and notifications are completed by country

    Output: Closing file

  6. Post-transaction compliance

    Renewal, reporting, retention, data and contractual obligations are monitored

    Output: Compliance calendar

Dispute and judicial cooperation

  1. Urgency check

    Time limits, notification, assets, records and the risk of imminent harm are examined

    Output: Initial measures and time-limit note

  2. Jurisdiction and forum

    Court, arbitration, applicable law and parallel proceedings are determined

    Output: Forum map

  3. Representation arrangement

    Counsel in Türkiye and in foreign countries are engaged

    Output: Authority and responsibility matrix

  4. Plan for service of documents and records

    International service of documents, obtaining information and documents, and the route of judicial assistance are selected

    Output: Procedure and translation package

  5. Main proceeding

    The lawsuit, arbitration or administrative proceeding is conducted in coordination with country calendars

    Output: Joint status report

  6. Effect of the decision

    Recognition, enforcement, registration, execution or asset procedures are planned

    Output: Country-by-country implementation plan

A joint working arrangement from the first meeting to file closing

  1. First meeting and identification of the objective: The countries, parties, transaction or dispute, imminent dates and expected outcome are summarized. Comprehensive records are not requested to be uploaded in the first communication.
  2. Conflict and authority check: Party identities are obtained to the minimum extent necessary; a conflict check is made for the firm and for the foreign counsel to be engaged. In which country local professional authority is needed is determined.
  3. Scope and engagement: The Türkiye work, the foreign-country work, coordination, translation, and tax and technical work are written separately. The fee, expenses, communication channel, responsible persons and approval arrangement are determined.
  4. Country and transaction map: Jurisdiction, applicable law, time limits, documents, data, authorities and transaction dependencies are laid out. A critical path and an alternative order are created.
  5. Implementation and reporting: The opinions and actions of local counsel are tracked in a joint format; open matters and matters requiring a decision are reported at set intervals.
  6. Conclusion and maintenance: The signature, registration, judgment, notification, enforcement or other output is verified; continuing obligations and the retention plan are tied to the closing note.

The first meeting is not a final legal opinion in which all of the file’s documents have been assessed. The detailed review is carried out after the scope, professional relationship, necessary power of attorney and secure document-sharing method have been determined.

The reporting and decision arrangement is determined according to the work undertaken. Post-transaction notifications, termination of the power of attorney, return of documents, access and retention periods are separately checked at closing.

PREPARING FOR A CONSULTATION

What should be prepared for the first meeting and the detailed review?

For the first meeting, the countries concerned, the names or titles of the parties, a short summary of the matter, the nearest known date and the intended outcome are sufficient. The detailed records below are requested to the extent needed after the assignment and the secure sharing method have been determined.

Parties and transaction

  • Full titles of the parties, known addresses and group relationship
  • Countries, relevant authorities and foreign counsel details
  • Existing contract, choice of law, jurisdiction or arbitration clauses
  • Company records, corporate body resolutions and signature authorities

Time limits, decisions and documents

  • A chronology showing key events and country-by-country time limits
  • Formal notices (ihtar), lawsuits, notifications or decisions sent earlier
  • Powers of attorney, official documents and translations to be used
  • Transaction list, closing conditions and payment arrangement

Local opinion, data and objective

  • Opinions and correspondence obtained from a foreign authority or counsel
  • Data flow, systems, storage location and persons responsible for access
  • Known assets, debtor, security or enforcement information
  • Target outcome, decision-maker, budget and reporting need

The information shared is handled in accordance with confidentiality and personal data protection principles. In an initial inquiry, information and documents are used only for legal assessment and limited to what is necessary. Subsequent use, access and the basis for sharing with foreign counsel within the scope of the work undertaken are determined separately. Do not upload sensitive records in bulk to the general contact area.

Access is kept narrower for passports, health, criminal files, bank records and trade secrets. A secure channel, time-limited access and any necessary identity verification are determined according to the file. Secure document sharing and information on the processing of personal data.

WORKING TERMS

How are the assignment, fee and responsibility determined?

The scope of the coordination and the separate expenses are determined at the outset. The effect of a new country, an additional transaction or a different expert on the budget and calendar is assessed separately.

Engagement and foreign counsel’s fee

The Türkiye work, coordination and foreign-country work are separated in a written scope. A direct client agreement with the foreign counsel or a separately defined engagement arrangement may be established. Country, specialization, volume of documents, urgency, reporting and the stage undertaken are taken into account in assessing the fee.

Separate expenses and budget changes

Foreign attorney, notary, apostille or certification, translation, courier, service of documents, court fees, registry, expert, technical review and security expenses are determined separately. The currency, tax, invoice, advance payment, additional work and budget approval methods are clarified at the outset.

Responsibility and communication

The professional responsibility of local counsel, the firm’s coordination role and the client’s decision-making authority are clearly written. The language of communication, reporting frequency and the decision-maker are determined. No guarantee is given regarding an authority’s acceptance, processing time, visa or permit, lawsuit, collection or enforcement outcome.

Information on fees, court fees and expenses

SERVICE AREA AND CONTACT

Antalya-based work, with links to Türkiye and foreign countries

Founded in Kemer on March 18, 1999, Güneş & Güneş Law Firm has provided legal advisory and representation services from its headquarters in Antalya since 2007. Matters arising in Türkiye’s 81 provinces and their districts may be handled, depending on the nature of the assignment, through remote advisory, file coordination and representation before the competent authorities.

Work in a foreign country is carried out by engaging an independent counsel authorized in the jurisdiction the file requires. Local authority, working language, budget and the needed transaction are verified at the outset.

Communication in four languages

Communication in Turkish, English, German and Russian is planned according to the nature of the file. Language support does not mean authority to practice law in the country concerned.

Online consultation

For persons and company units located abroad, an online consultation can be arranged. The stages that require the original document or a procedure before a notary or authority are determined separately.

FREQUENTLY ASKED QUESTIONS

Frequently asked questions about international legal coordination

The answers are for general information. The current law and procedure in the relevant country are assessed separately for the specific transaction.

Service, foreign counsel and engagement

What is international legal coordination?

It is the management of counsel, authorities, documents, time limits and work packages toward a common objective in a transaction or dispute connected with more than one country. It is not a single correspondence or translation job, but a file arrangement covering dependencies in jurisdiction, law, documents, data and implementation.

Does this service include giving a direct opinion on foreign law?

An opinion on Turkish law is given by the firm. When the content of a foreign state’s law or representation in that country is required, the opinion and action of counsel authorized in the relevant jurisdiction are obtained; the firm coordinates the question set, the calendar and the effects in Türkiye.

Does the firm have an office in every country?

The firm’s physical headquarters is in Antalya. When action is required in a foreign country, work is planned with an independent counsel authorized according to the country and subject needs of the file. This engagement does not mean that the firm has an office of its own in that country.

How is foreign counsel selected?

Country and jurisdiction, subject matter, language, professional registration, conflict status, delivery calendar and fee structure are assessed together. The client may continue to work with its existing counsel, or a separate selection process may be conducted for suitable candidates.

Who undertakes the foreign counsel’s agreement and fee?

A direct client–foreign counsel relationship or a separate arrangement under the main coordination may be established. The party, invoice, tax, expenses, currency and the method of fee change are determined in writing before the engagement.

How is the conflict check carried out for foreign counsel?

First, the minimum necessary identity information of the parties and relevant group companies is sent through a secure channel. Detailed records are not shared before the conflict check is completed favorably and a confidentiality and engagement basis has been established.

Law, jurisdiction and document procedures

Are confidentiality and attorney–client secrecy the same in different countries?

No. The scope of professional secrecy, in-house counsel correspondence, review reports and the effect of sharing with third parties may vary by country. The distribution list and report format are determined with the opinion of the relevant country’s counsel.

How is the applicable law of a country determined?

The choice of law in the contract, the connecting points of the transaction or event, the status of the parties, protective rules, overriding mandatory provisions and international conventions are examined. The applicable law and the court’s jurisdiction are not the same concept.

What is the difference between a choice of law, court jurisdiction and an arbitration clause?

A choice of law governs which rules apply to the merits of the dispute; court jurisdiction governs which state court will hear the case; and an arbitration clause governs the resolution of the dispute by arbitrators. Specifying one does not automatically determine the others.

Can a power of attorney issued in Türkiye be used directly abroad?

Not always. The country of use and the transaction should be examined with regard to special authority, notarial form, apostille or certification, translation, time limits and presentation of the original. The text should be drafted with counsel authorized in the target country.

Does an apostille show that the content of a document is correct?

No. An apostille certifies the authenticity of the signature, the capacity in which the signatory acted and the origin of the seal or stamp. The accuracy of the content, the validity of the transaction, sufficient authority in the power of attorney and acceptance by the target authority are examined separately.

Is an apostille required for every foreign document?

No. The type of document, the treaty relationship between states, objections and any exemption from certification are investigated. Consular documents and certain administrative documents directly related to commercial or customs transactions are outside the scope of the Apostille Convention. For another document connected with a notarial act, the assessment may differ.

Certification, translation, service of documents and records

What happens if the Apostille Convention does not apply?

If there is no bilateral agreement or exemption, a chain of certification that includes the authorities of the country where the document was issued, the foreign ministry and the consulate may come into play. The exact sequence is verified according to the document and the country’s practice.

Is translation of a foreign document required in every case?

The language of the target authority and the applicable procedure are decisive. A multilingual form, an accepted foreign language or a treaty-based exemption may exist; otherwise a sworn, notary-certified or consulate-certified translation may be requested.

Is a notary-certified translation in one country valid in another country?

Not automatically. The translator’s authority, notary certification, apostille/certification, the original document and the target authority’s format requirements are examined separately. Confirmation is obtained from the target authority or local counsel before the transaction.

How is service of documents abroad carried out?

The addressee’s citizenship and address, the country, the type of document, Law No. 7201, the applicable international convention and state declarations are identified. The central authority, diplomatic mission or another permitted route is selected according to the file; language and cost requirements are completed.

Does sending by email count as international service of documents carried out in accordance with the procedure?

Not in every file. The parties’ contract, procedural law, the court decision, the declaration of the state concerned and the nature of the document should be examined. Actual knowledge and the time-limit-triggering effect of statutory notification are distinguished from each other.

How can information or records be obtained from abroad?

There may be different routes such as publicly available registries, the person’s consent, a contractual request, a local court procedure or international letters rogatory. Local confidentiality and procedural restrictions additionally apply to bank, communication, employee and personal data records.

Time limits, implementation of the decision and preparation

How long does cross-border coordination take?

The number of countries, the type of transaction, the selection of foreign counsel, authority processing times, translation, apostille/certification, service of documents and the route of judicial assistance affect the duration. An estimated calendar can be prepared at the outset; no firm time commitment is given for the procedures of foreign authorities.

Do the time limits in each country start at the same time?

No. The date of notification, the event, signature, decision or awareness may have different consequences in different countries. The statute of limitations, preclusive period and application date of each jurisdiction are recorded separately; a process in another country may not automatically suspend them.

Is a foreign court judgment applied automatically in another country?

Depending on the type of judgment and the target country, recognition, enforcement, administrative registration or another route may be required. In Türkiye, the reciprocity requirement is not required for recognition; the conditions for enforcement are examined separately. For certain judgments such as divorce, administrative population registration may be possible under the conditions in the law.

Can urgent measures be taken for assets abroad?

Precautionary attachment, injunction, freezing or similar protective routes may exist under local law. Jurisdiction, imminent risk, standard of proof, security, notice and the connection to the main action are assessed by the foreign counsel; no commitment is made to a favorable outcome.

How are personal data shared with foreign counsel?

First, the purpose, the processing condition, the type of data, the roles of transferor and recipient and subsequent access are determined. Adequacy, appropriate safeguards or an occasional-transfer route whose conditions are met under Article 9 of KVKK are examined. If a standard contract is used, the notification period of five business days after the signatures are completed is tracked; a confidentiality undertaking alone is not sufficient.

What information is needed for the first meeting?

The countries concerned, the names or titles of the parties, a short summary of the transaction or dispute, the nearest known time limit and the expected outcome are sufficient. Detailed contract, identity, court or company records are requested after the scope and the secure sharing method have been determined.

INITIAL ASSESSMENT

Let us determine together the countries, time limits and objective of your cross-border file

You may request a consultation by sharing the countries concerned, a short summary of the transaction or dispute, the nearest date and the outcome you expect.

The service is undertaken after the conflict and authority check, the determination of the scope and any necessary engagement. This page is not a legal opinion or a commitment to an outcome for a specific file.

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