Company Law
Corporate law is a branch of law that regulates the legal status, establishment, activities, management and liquidation of companies operating in commercial life. Many important issues such as the establishment and growth of companies, the resolution of legal disputes and the fulfillment of legal obligations are handled within the scope of corporate law. Senkur Law and Attorney Pelşin Senkur, operating in Izmir, provides professional legal consultancy and representation services to secure the legal processes of companies and to find solutions to problems related to company management.
Scope of Company Law
Corporate law covers a broad area covering the entire life cycle of companies. This field ensures that companies act in accordance with legal regulations in the processes from establishment to liquidation. Within the framework of corporate law, legal problems of businesses are solved and various legal transactions are carried out. Although it varies according to the types of companies, corporate law is generally concentrated under the following main headings:
Company Establishment: Company establishment procedures, legal procedures and preparation of necessary documents.
Company Management and Internal Relations: Determination of the organs of the company, relations between the board of directors, general assembly and shareholders.
Investments and Mergers: Mergers, acquisitions, partnership agreements and investments between companies.
Company Contracts: Drafting commercial contracts and protecting the rights of the parties.
Tax and Financial Liabilities: Tax obligations of companies, accounting regulations and financial reporting.
Internal Audit and Compliance: Establishment of internal audit mechanisms and compliance with legal regulations.
Liquidation and Dissolution of a Company: Processes of dissolution of companies, liquidation procedures and distribution of assets.
Company Formation: First Steps
The establishment of a company is the first step to be taken within the framework of corporate law. There are many legal elements to be considered when establishing a company. These elements may vary depending on the type of company (joint stock company, limited liability company, etc.) and the field of activity. The documents and procedures required for company incorporation in Turkey are based on the Turkish Commercial Code and other relevant legislation.
1. Choice of Company Type
In the first step, entrepreneurs need to decide which type of company they prefer. Commonly preferred company types in Turkey are as follows:
Joint Stock Company (JSC): One of the capital companies and is suitable for larger organizations. In a joint stock company, partners are only liable for the capital they contribute.
Limited Liability Company (Ltd. Şti.): A type of company that is suitable for small and medium-sized businesses. The number of partners is limited and the owners are liable for the company's debts only with the capital they have invested.
Limited Partnership: It consists of two types of partnerships: a limited partnership and a collective partnership. This type of company is suitable for entrepreneurs willing to take more risks.
Collective Company: The partners are personally liable for all debts of the company.
Choosing the type of company directly affects its size, financial structure and legal responsibilities.
2. Preparation of Establishment Documents
Some documents are required for company establishment. These documents include details such as the company's articles of association, trade name, shareholding structure and field of activity. The articles of association is the most important document that determines the functioning of the company and is prepared and notarized at the time of incorporation.
3. Trade Registry Record
After the company is established, it must be registered in the trade registry. The trade register provides official recognition of the company as a legal entity and determines the legal status of the company.
Company Management and Internal Affairs
For a company to function successfully, proper management and sound internal relations are essential. The bodies of companies include structures such as the general assembly, the board of directors and the supervisory board. These bodies constitute the company's decision-making mechanisms and ensure internal control.
1. Board of Directors
Management of companies is done by the designated board of directors. The board oversees the company's activities and takes important decisions. Joint stock companies usually have more than one board member, but this number may be lower in limited liability companies.
2. General Assembly
The general assembly is the body where the company's shareholders come together and take important decisions. At these meetings, strategic decisions about the future of the company are made and votes are taken on the company's directors.
3. Partnership Agreements
Written agreements between the shareholders of the company are necessary for the healthy functioning of internal relations. These contracts determine the rights and obligations of the partners, the distribution of profits and the rules of management of the company.
Mergers and Acquisitions
Mergers and acquisitions are one of the methods used by large companies to grow or to gain a competitive advantage in the market. Mergers and acquisitions in corporate law are complex processes that need to be carefully managed both legally and financially.
1. Merger Process
A merger is the combination of two or more companies into a single company. The merger process requires meticulous legal due diligence and companies need to reach agreement with all partners on the merger.
2. Takeover Process
A takeover is when one company acquires another company. This process involves the acquiring company acquiring the existing company with all its rights and the old company ceasing operations. During the takeover process, the company's debts, assets and liabilities are also taken into account.
Legal Obligations of Companies and Tax Regulations
Companies have to fulfill various legal obligations in order to continue their activities. These obligations include tax returns, accounting records, annual financial reports and audit procedures. In addition, companies must comply with the Turkish Commercial Code and other relevant legislation.
1. Tax Declarations
Companies are required to pay taxes on their earnings. Tax rates and declaration periods varying according to the type of company and field of activity should be followed in accordance with legal regulations.
2. Financial Reports
At certain times each year, companies are required to prepare and publicly disclose their financial reports. These reports show the company's financial position, income and expenses.
Liquidation and Dissolution of Companies
The process of dissolution of a company takes place through liquidation and dissolution proceedings. Liquidation is the process of paying off all the company's debts and distributing its assets. Dissolution is the complete termination of the company.
1. Liquidation Process
Liquidation is the process of distributing the company's remaining assets to shareholders after paying off its debts. In this process, a liquidator is appointed to oversee the liquidation proceedings.
2. Termination
Dissolution is the complete termination of the company's activities. When the company is dissolved, all obligations must have been fulfilled and all assets of the company must have been shared.
Corporate law is very important for the proper functioning of all types of commercial activities on a legal basis. Proper establishment and management of companies and compliance with legal regulations are critical factors that affect the success and longevity of the business. Seeking legal assistance is particularly important for regulating internal relations, fulfilling legal obligations and preventing potential disputes.
Senkur Law and Attorney Pelşin Senkur professionally manage the legal processes of companies in Izmir and provide strong support to their clients every step of the way. Senkur Law offers a wide range of corporate law services for both local and international businesses. It provides quality and reliable guidance at every stage, from company formation to mergers and acquisitions, from drafting contracts to establishing internal audit mechanisms.
1. Establishment Process Support Services
The company formation process is one of the most important stages that every entrepreneur faces. In this process, it is necessary to choose the right type of company, prepare the company agreement and register with the trade registry. Senkur Law helps businesses to complete all legal procedures completely and accurately during the company establishment process. It helps entrepreneurs to take the right steps with legal consultancy, tax planning and suggestions suitable for the type of company.
2. Internal Relations and Management
Establishing a legal infrastructure is of great importance for the healthy conduct of relations within the company. Senkur Law provides strategic and legal support to its clients in processes such as partnership agreements, the functioning of the board of directors and the organization of general assembly meetings. It provides legal solutions to resolve disputes within the company, to ensure a fair distribution between the parties and to resolve management problems.
3. Mergers and Acquisitions
Mergers and acquisitions are another important way for large-scale companies to grow or to gain a competitive advantage in the market. These processes involve particularly complex and detailed transactions. Senkur Law provides the necessary legal consultancy and transaction follow-up for the best protection of companies in mergers and acquisitions. The legal rights, debts and assets of both companies are carefully assessed and transactions are carried out safely on legal grounds.
4. Tax and Financial Liabilities
Companies have to fulfill their legal obligations and this ranges from tax payments to financial reporting. Senkur Law ensures that companies make their tax declarations and financial arrangements in the most appropriate way. It provides legal consultancy services on both the management of internal audit processes and external audits. In this way, companies act in the most financially efficient way and are protected from possible tax penalties.
5. Company Liquidation and Dissolution
During the winding up phase of a company, liquidation and dissolution procedures need to be carried out properly. Senkur Law manages the dissolution processes of companies correctly, ensuring that debts are paid and assets are distributed fairly. During the liquidation proceedings, all legal obligations of the company are fulfilled and the termination of the business is determined by a legal document.
The Difference of Senkur Law in Corporate Law
Senkur Law and Attorney Pelşin Senkur are distinguished by the professional service they offer to companies in Izmir. They have extensive experience not only in corporate law, but also in commercial law, contract law and legal dispute resolution processes. In the dynamic business world of Izmir, being able to quickly resolve the legal problems of companies is of great importance to ensure their sustainable success. In this context, Senkur Law minimizes the legal risks of its clients at every stage and contributes to the growth of their companies.
Lawyer Pelşin Senkur helps companies not only to fulfill their legal obligations, but also to make strategic decisions in a legal sense. This is a critical factor for companies to succeed in the market in the long term.
Corporate Law and Senkur Law's Solutions
Senkur Law offers the following services for the effective management of legal processes for companies in Izmir:
Company incorporation and trade registry procedures.
Partnership agreements and internal management arrangements.
Mergers, acquisitions and investments.
Tax regulations and financial obligations.
Managing internal audit and legal compliance processes.
Company liquidation and dissolution procedures.
Although corporate law is a complex and ever-changing field, these processes can be managed smoothly with the right legal advice and professional support. Senkur Law offers a comprehensive solution for companies, securing legal processes and ensuring that companies can continue their commercial activities smoothly.