Company Partnership and Commercial Disputes in 25 Questions — Atty. Aylin Esra Eren
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
Atty. Aylin Esra Eren
Attorney Aylin Esra Eren explains company partnership and commercial disputes with 25 questions and answers.
You can open the explanation by tapping on the question title.
Is a limited company partner responsible for company debts?
The responsibility of limited company partners is evaluated within the framework of capital share and special provisions regarding public debts.
Details of the topic: Are partners personally responsible for company debts?.
Can a company partner expel another partner from the company?
The company agreement, just causes, and relevant provisions of the Turkish Commercial Code must be examined. Unilateral arbitrary expulsion is not possible.
Is the company manager personally responsible for the company debt?
The responsibility of the manager is determined according to their capacity as a legal representative, fault, and the nature of the debt.
How is a company share transferred?
Share transfer in limited liability companies and joint-stock companies is subject to different procedures. The company type and provisions of the articles of association must be examined.
Can a company partner examine the company's bank accounts?
Partners' rights to information and inspection are determined according to the company type and statutory regulations.
Is an agreement signed between partners valid?
The agreement must comply with form, content, and mandatory legal rules. Its relationship with the company's articles of association must also be evaluated.
Can the company manager sell the company without the knowledge of other partners?
Representation authority, company type, and decision-making powers of partners must be examined. Not every manager has the authority to sell the company alone.
What can a company partner do if they want to leave the company?
Share transfer, an austritt lawsuit (suit for withdrawal), or legal remedies regarding the dissolution of the company can come into question.
If the company goes bankrupt, will the personal assets of the partners be attached?
The company type and the nature of the debt are important. The responsibility of a limited liability company partner and an individual sole proprietorship owner is not the same.
How is a receivable collected from a company that has declared concordat?
Notification of the receivable in due time, composition procedures, and the concordat project must be followed.
What can be done against an employee who discloses trade secrets of the company?
In case of breach of confidentiality obligation, labor law, commercial law, and, if conditions are met, criminal law provisions can be applied.
Is it a crime to use a competitor company's customer list?
Unlawful use of trade secrets can bring up unfair competition and other legal liabilities.
What happens if a fake invoice is issued on behalf of the company?
Serious consequences can arise within the scope of tax law and criminal law. The reality of the transaction and the role of responsible parties must be examined.
What is done if a company check bounces (is dishonored)?
Check law, enforcement proceedings, and criminal provisions regarding dishonored checks are evaluated.
Can a company partner get back the loan they gave to the company?
Partners' current account, loan relationship, and the financial status of the company must be examined. The legal nature of the receivable must be determined.
How is a company manager removed from office?
The company agreement and authority provisions of the general assembly and others in the Turkish Commercial Code are applied.
Can a former partner be pursued for the company's debts?
The date the partnership ended, the origin of the debt, and statutory liability periods are taken into account.
Is making misleading advertising on the company's website unfair competition?
Misleading commercial statements can constitute unfair competition or unlawful commercial practice within the scope of the Turkish Commercial Code and consumer legislation.
Can an e-commerce company share customer data without permission?
A legal processing condition within the scope of KVKK (Personal Data Protection Law) must exist for sharing personal data. Data security obligations are also applied.
Can a non-compete clause be imposed on a company employee?
The conditions specified in Article 444 and following articles of the Turkish Code of Obligations must be met.
What are the rights of creditors if the company is liquidated?
In the liquidation process, creditors must report their claims and payments must be made in accordance with the statutory order.
Can a company partner have a general assembly resolution annulled?
An action for annulment can be filed within statutory periods for general assembly resolutions contrary to law, articles of association, or good faith rules.
What results from a company manager transferring company money to their personal account?
Depending on the nature of the transaction, compensation for the company's loss and criminal liability can come into question.
When is a contractual penalty applied in a commercial contract?
A contractual penalty validly agreed upon in the contract can be claimed within the framework of breach and statutory limits.
Does the bankruptcy of the company affect employees' receivables?
Employee receivables have special priority and registration provisions in the bankruptcy estate. Reporting receivables in due time is important.