Joint-stock or limited liability?
Share transfers, withdrawal from the company and management procedures are not the same. The articles of association and registry records guide the initial assessment.
FORMATION · MANAGEMENT · SHAREHOLDING · LITIGATION
Company law covers the processes of formation, management, shareholder rights, investment and termination. The company, the shareholder and the director hold different legal positions. We define the scope of the work according to the type of company, the capacity of the person applying and the specific need.
Company type, MERSİS, registry, electronic ledgers and ongoing advisory.
Review the detailed guide: Formation and corporate complianceInvestment, shareholders’ agreements, exit terms and family-owned companies.
Review the detailed guide: Share transfers and shareholding structureCompany resolutions, management, representation, the right to information, minority rights and special audit.
Review the detailed guide: General assemblies and shareholder rightsAnnulment of resolutions, shareholding, withdrawal, exclusion, dissolution and interim relief.
Review the detailed guide: Shareholder disputesChanges in capital, mergers, demergers, acquisitions and groups of companies.
Review the detailed guide: Capital and company restructuringsDirector liability, loss of capital, restructuring, liquidation and revival (ihya).
Review the detailed guide: Liability and liquidationShare transfers, withdrawal from the company and management procedures are not the same. The articles of association and registry records guide the initial assessment.
The interests of the company, the shareholder and the director may diverge. Who is to be represented and whether a conflict of interest exists are clarified at the outset.
Preparing a contract or an investment and objecting to a resolution that is about to be implemented require different timetables. State any upcoming meeting and service dates.
The company type, shareholding, representation, resolutions and contracts are assessed together.
The request, time limits, urgent protection and the need for financial or sector-specific expert support are clarified.
The resolution, contract, application and evidence set are organized according to the timetable of the transaction.
Registration, negotiation, mediation or litigation is pursued together with applying the decision to the records.
The routes that can be followed, missing documents, upcoming time limits and the scope of the service are explained. The attorney’s fee is assessed separately from notary, registry, valuation and litigation costs. The scope of single-transaction advisory and ongoing legal advisory is determined in writing.
If the implementation of a decision or a litigation time limit is at issue, do not wait until all documents are complete.
No. The rules on formation, share transfers, resolutions of company organs and withdrawal from the company differ. The document list is prepared on the basis of the company type, the articles of association and the current records.
Depending on the company and the type of share, there may be requirements as to form, approval, delivery, registration or notification. Payment of the sale price alone does not show that all transfer steps have been completed.
Prepare the resolution, the meeting notice, the meeting minutes and the attendance and voting records. The date of the resolution, the right to sue and the applicable time limit should be reviewed without delay.
The same right of withdrawal does not exist in every type of company. The company agreement, share transfer options, an agreed exit and a claim of just cause are assessed together.
No. Duties and authority, breach of obligation, fault, loss and causation are examined. The company’s loss and a shareholder’s direct loss are not the same claim.
Depending on the scope of the transaction, shareholding and representation records, documents linked to financial obligations, contracts, security, employees, intellectual property rights, permits and disputes are reviewed.
No. The nature of the claim is decisive. Monetary commercial claims and claims such as annulment of a company resolution or dissolution are assessed separately.
A preliminary consultation and document review can be carried out remotely. Requirements for a power of attorney, identity verification, apostille / certification, translation and physical attendance are determined separately according to the transaction.
Founded in Kemer on March 18, 1999, Güneş & Güneş Law Firm evaluates company transactions and shareholder disputes in Türkiye’s 81 provinces within the framework of subject-matter and territorial jurisdiction, representation and file requirements. Our physical headquarters has been in Antalya since 2007.
For transactions connected with Türkiye that involve companies with foreign shareholders and investors abroad, document, translation and representation requirements are planned separately.
Languages of communication: Turkish, English, German and Russian.
Depending on the nature of the request, the Turkish Commercial Code and the relevant special provisions apply together.
LEGAL ASSESSMENT SPECIFIC TO YOUR COMPANY
You can request a consultation by stating the type of company, the capacity in which you are applying, and the subject of the transaction or dispute.
This content is general information and does not replace a review of the specific file. Information and documents are handled in accordance with the principles of confidentiality and protection of personal data. An inquiry alone does not create an attorney–client relationship and does not stop statutory time limits. The outcome of a transaction or lawsuit is not guaranteed.