Commercial and Corporate Law

Commercial and Corporate Law

At its most basic, commercial law governs disputes arising from commercial sale and purchase activities. Viewed as a specialized field, however, it is the branch of law that regulates the commercial activities of merchants and their counterparties down to the finest detail. As intercontinental trade has become ever easier in our developing world, many problems have emerged, and so have their solutions.

In today's economy, the business world occupies a very large space, and the importance attached to companies within it is considerable. Most of the economic activities of individuals also take place in the commercial sphere. It is therefore almost inevitable that companies, which play such an important role in the economy and the business world, will encounter legal problems while carrying on their commercial activities.

Commercial law involves a very broad range of legal nuances that require expertise, from trade conducted through simple contracts to trade conducted through information systems. Commercial law has become a branch of law that encompasses various specialized fields such as commercial enterprise law, unfair competition, contract law, negotiable instruments law, maritime commercial law and corporate law.

With its team specialized in commercial law, our firm provides legal assistance and support to the companies it advises, including general legal counsel on commercial law, drafting legal documents for commercial relationships such as contracts, protocols, formal notices and notifications, resolving disputes arising from commercial practices, and providing all other legal support required in this field. At Eker Law Firm, our expert attorneys offer clients effective legal counsel and litigation services in commercial law and in related specialized matters.

One of the most important branches of commercial law is corporate law. Corporate law governs many matters, including the types of companies and their incorporation requirements, incorporation procedures, the qualifications shareholders must have, shareholder liabilities, shareholdings and the rights and responsibilities attached to those shares. It also covers matters that fall within enforcement and bankruptcy law, such as the liquidation of companies. This area of law is one of the main pillars of the legal counsel our firm provides to companies.

• Article 124 of the Turkish Commercial Code (No. 6102) lists the types of commercial companies. Accordingly:

"Commercial companies consist of general partnerships, limited partnerships, joint stock companies, limited liability companies and cooperatives.

(2) Under this Code, general partnerships and limited partnerships are deemed partnerships of persons, while joint stock companies, limited liability companies and limited partnerships with share capital are deemed capital companies."

• The main legally significant topics in corporate law are as follows:
• Trade names and the related obligations imposed by the Turkish Commercial Code
• Trade registration
• Choosing the company type at incorporation
• Incorporation procedures for each company type
• Shareholdings and the resulting liability of shareholders depending on the company type
• Corporate governance rules (board resolutions and meeting procedures)
• Keeping and reviewing company books and financial statements
• Procedures for capital increases
• Company mergers and demergers
• Dissolution of the company

Our expert attorneys offer you legal solutions on many matters, above all these main topics of corporate law.

In addition to the matters listed above, Eker Law Firm also provides advisory and litigation services on agency relationships, leasing agreements and franchise agreements, which are frequently used in commercial activities, as well as on the statutory rules on unfair competition.

Commercial receivables and annulment of objection

Commercial receivables based on invoices, current accounts, checks and promissory notes are among the areas where our firm is most active. If the debtor objects to the payment order, an action for annulment of objection is filed. If the debtor's objection is found to be unjustified, the court awards compensation for bad-faith denial of the debt of at least twenty percent of the receivable. In commercial disputes, applying to a mediator before filing suit is mandatory, and our firm also handles this process.

Contracts and advisory services

We provide ongoing advisory services on drafting dealership, supply, distribution, franchise and service agreements, formal notice and termination procedures, disputes between shareholders, general assembly and board of directors matters, and company mergers and acquisitions.

Frequently asked questions