Resolutions of the shareholder disputes under Turkish legislation
As per the Turkish Commercial Code (“TCC”), there are 2 primary types of Companies. These are, Joint Stock Company “Anonim Şirket” and Limited Liability Companies “Limited Şirket”. There are also 2 other Company types which, in practice, are not commonly seen or established. These are Collective Companies “Kollektif Şirket” and Commandite Companies “Komandit Şirket”
Tax regime for investors in Turkiye
For foreign investors, Türkiye has always been a desirable country, ripe for lucrative investments in its industry, agriculture, real – estate and technology and textile markets. These bountiful markets to invest, combined with the competitive currency exchange rates allow more investors to invest in Türkiye, especially in energy, petrochemicals, banking and real – estate markets.
Purchasing a real estate property in Turkiye Procedure, taxation and legal protection
Foreign individuals may obtain real – estate properties in Türkiye, subject to certain regulations and limitations. Although there are certain additional procedures for a foreign individual to obtain a real – estate property, compared to a Turkish citizen, foreign investors will enjoy the same tax regime and legal protection Turkish citizens are subject to
Enforcement Proceedings and Bankruptcy in Turkey
Execution and Bankruptcy Law is the field of law that regulates procedures and rules in order creditors to collect their receivables by using the powers of the judicial state organs due to the debtor’s failure to fulfill his/her debt. The Turkish Execution and Bankruptcy Law No. 2004 (“EBL”) regulates various enforcement and bankruptcy procedures related to the collection and recovery of creditors’ receivables.
The experience of different states, given in the brochure, will demonstrate the existence of not one, but several ways to overcome the slowness and inefficiency of execution in practice, and also that the possible solutions to the problem are varied, but they all ultimately are based on a delicate balance, along with other things, of the norms of executive the law and practice of their application, a high level of training and responsibility of various professionals involved in the implementation process, as well as the institutional and social systems in which these professionals are forced to carry out their activities.
Islamic Finance challenges in Turkey
Having almost 40 years of history, the Islamic banking sector in Turkey currently only has a 5–6% share of the fi nance market in the country. Out of 40 active banks, six are operating (excluding investment and development banks) under the Participation Banks Association of Turkey (TKBB) as Islamic banks and they have not yet reached the average level of their conventional competitors in terms of profi ts, total assets, deposits and loans.
The right of easement is a right in rem which provides the right of utilization from a good to the rightholder on that good. This right may be asserted to anyone because of being a right in rem. The right of easement contains the right of usage and usufruct (usus - abusus). The rights in rem are subject to principle of “numerus clausus”, so parties may not create a new right in rem between them by agreeing.
Incoterms (International Commercial Terms) are the rules that determine the distribution of responsibilities and costs between the parties during the transportation and delivery of goods within the purchase and sale relationship, regulated by ICC (International Chamber of Commerce).
Mediation condition in commercial lawsuits
With the Law published in the Official Gazette dated 19 December 2018 and numbered 30630, mediation was brought as a condition to file a lawsuit for commercial receivables. Within this scope, some provisions of the Turkish Commercial Code (“TCC”) and the Law on Mediation in Civil Disputes (“HUAK”) have been amended.