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Law related articles writen by lawyers
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Spotlight: Concerns about Constitutionality of Turkey’s New IP/O Regime in Civil Industrial Sectors

  April 12, 2015     By Herdem Attorneys at Law
On 06 February 2014, Turkish Parliament has enacted a 6518 Omnibus Bill, gazetted February 19th 2014, which adjoins a provision to article 3 of the Law No 4734 Public Procurement Law (“Law”) stipulating that purchase of goods and services provided to ensure innovation, local production and technology transfer under offset/industrial participation programs are not subject to Law No 4734.

Introduction to Jurisdiction of Divorce in Turkey

  April 10, 2015     By Cindemir Law Office
Divorce principles in Turkish Law related to divorce. Enforcement of a Foreign Divorce Decree in Turkey requires some standards.

Turkey's Connection to ENTSO-E and T-CAT Auction Systems

  April 10, 2015     By Herdem Attorneys at Law
ENTSO-E is a very essential step for uniting the EU Member States’ transmission grids. To define it briefly, it is the biggest Transmission System Operator throughout Europe. The ENTSO-E association has been established with the 3rd liberalization package in the light of the EU legislations.

Acquisition of Real Estate in Turkey by Foreign Individuals

  April 2, 2015     By Erdal Law Firm
Every country has its own legislation regarding acquisition of real estate by foreign individuals within the scope of its own political, economical and social requirements. Acquisition of real property by foreign real persons in Turkey is restricted by laws as well. The main purpose of this brief article is to explore the legal restrictions of purchasing real estate in Turkey by foreign individuals.

Tax Incentives in Turkey

  April 1, 2015     By Bereket & Baltaci Law Firm
Turkey aims to encourage production and export activities, fasten the entrance of foreign capital and technology in Turkey and develop the international trading activities through the grant of incentives to the investors. In the light of that, the local and foreign investors have equal access to the investment incentives system in Turkey.

Share Transfers in Joint Stock Companies in Turkey

  April 1, 2015     By Bereket & Baltaci Law Firm
In order to complete a share transfer in a Joint Stock Company registered in Turkey, the endorsement and transfer of share certificates (in the bearer form) are required. If the company has not issued any share certificates, the transfer of the shares shall be completed within the share ledger of the company.

Squeeze Out Right in Turkey

  April 1, 2015     By Bereket & Baltaci Law Firm
In Turkey, where shareholders directly or indirectly own and hold at least 90 % of capital shares and voting rights in a capital company, the controlling shareholders may apply to the court for the squeeze out of the minority shareholder(s), if the minority shareholder(s) prevents the company from running its business, do not act in good faith, create perceptible disruption or act in a reckless manner.

Liabilities of Shareholders and Board members for Public Receivables in Turkey

  April 1, 2015     By Bereket & Baltaci Law Firm
In Turkey, the liability of Joint Stock and Limited Liability Companies’ shareholders is only against the company and limited with their capital contribution. However, the shareholders of Limited Liability Companies are, unlike Joint Stock Companies, jointly and severally liable against public receivables (fiscal receivables) such as taxes, duties, levies and charges if the company is unable to make the required payments.

Overview of Turkish Labour Code and Employment in Turkey

  April 1, 2015     By Bereket & Baltaci Law Firm
Employment laws in Turkey apply to Turkish nationals and foreign nationals alike. In addition, special provisions exist which regulate the employment and residence permits of foreign nationals who intend to work in Turkey.

Opening Liaison Offices in Turkey

  April 1, 2015     By Bereket & Baltaci Law Firm
In addition to the establishing a company or a branch office, foreign investors can also establish liaison offices in Turkey. Liaison offices can only be involved with non-commercial activities. In other words, liaison offices cannot issue invoice or proforma invoices.

Opening the Branch of a Foreign Corporation in Turkey

  April 1, 2015     By Bereket & Baltaci Law Firm
Foreign companies may also operate through branches in Turkey. For establishing a branch, a permit from the Undersecretariat of Treasury Foreign Investment Department (FID) must be obtained before the registration to the Commercial Registry Office.

Buying a Company or Part Ownership in Turkey

  April 1, 2015     By Bereket & Baltaci Law Firm
Buying a company or part ownership in Turkey, At Bereket & Baltaci, we provide assistance and guidance with foreign corporations and investors in acquisition of a Turkish company or part ownership thereof in Turkey.

Tax Compliance Overview in Turkey

  April 1, 2015     By Bereket & Baltaci Law Firm
Information about the tax liabilities of foreign investors in Turkey.

Formation and Registration of a Company in Turkey

  April 1, 2015     By Bereket & Baltaci Law Firm
Information about starting and registering a business, including types and establishment process and liabilities of shareholders and regulations of a company, establishment process and customary time period as well as list of necessary documents for a company establishment in Turkey.

Registered E-Mail System of MASAK under the Law on Prevention of Financing of Terrorism

  March 30, 2015     By Herdem Attorneys at Law
The Financial Crimes Investigation Board (MASAK), which is a main service unit of the Ministry of Finance, having the mission of making policies and carrying out investigation and research to convey the information and the results to relevant authorities has issued a regulation on registered electronic e-mail system which has entered into force on 30 March 2015.

A New Era for Turkish Energy Market

  March 29, 2015     By Herdem Attorneys at Law
In last 10 years, energy experts have been working keenly on the establishment of a new private and competitive electricity market in Turkey.

Selection of Project Site for Solar Energy in Turkey

  March 27, 2015     By Dogerlioglu Law Firm
In the "project development" stage, initial step for the investors, who wish to install a solar energy based generation facility, is the "site selection". Special attention should be expended on site location and grid connection point.

Incorporating Capital Companies in Turkey and in Romania

  March 27, 2015     By ADMD Law Office
This brief information note aims to provide information regarding capital company formations in Turkey and in Romania in a comparative manner.

E-Residency in Estonia

  March 26, 2015     By ADMD Law Office
As the world seems to develop faster and faster, a new gadget has been placed to the disposal of the foreigners and non-resident persons in Estonia, namely the digital identity card also known as e-residency.

Grounds for Divorce in Turkey and in Romania A Comparative Study

  March 26, 2015     By ADMD Law Office
Although not all of them are stipulated by the laws, grounds for divorce are multiplying at many jurisdictions given the fact that divorces are becoming more common in educated societies. The legislations of different countries tried to reflect these common grounds in a compact manner, although, most of the time, they are not stipulated in an exhaustive one, leaving judges leverage. This study aims to compare the grounds of divorce in Turkey and in Romania

How to set up a Liaison Office in Turkey?

  March 17, 2015     By Erdal Law Firm
Foreigners interested to put footprint in Turkey have various options, such as formation of a capital company in Turkey (mostly used joint stock companies and limited liability companies) or incorporation of its' Branch offices and Liaison Offices in Turkey.

Turkish Energy Market 2015

  March 16, 2015     By Tiryakioglu Cakmakci Kesmer
Turkey’s importance in the energy market grows as a regional transit hub given its location between the oil rich Middle East, Caspian region, and Europe. Turkey is the home of the Bosporus and Dardanelles connecting the Black Sea to the Mediterranean.

A Way to Avoid Unstable Electricity Market Prices in Turkey: Risk Sharing Contracts

  March 16, 2015     By Herdem Attorneys at Law
Following the privatization of energy market in Turkey, in last 10 years, many big investors have lined up to obtain energy generation, distribution, wholesale and retail-sale licenses in order to make investments in energy sector due to its high profit potential.

Wrongful Death Claim in Turkey under Turkish Law

  March 14, 2015     By Cindemir Law Office
As in common law countries, Turkish Law also covers damages stemming from death involved incidents by third parties. Traffic Accidents, Construction Accidents and other death involved accidents caused by third parties are subjected to Turkish Tort Law and also Criminal Law. Wrongful Death is also stipulated under Turkish Penal Law under the section of “intentional murder” or “murder with negligence”.

Enforcement and Recognition of Foreign Arbitral Awards in Turkey

  March 14, 2015     By Cindemir Law Office
Explaining current provision and practice of enforcement and Recognition of Foreign Arbitral Awards in Turkey. New York Convention and Turkish Private Law and Procedure Act (Called MÖHUK in Turkey International Private Law and Procedure Act) related to enforcement of foreign arbitral awards are the main provisions governing terms of subject concerned.

Rapidly Developing Information and Communication Technology (ICT) Market in Turkey

  March 6, 2015     By Herdem Attorneys at Law
Turkey’s expansion of Information and Communication Technologies (ICT) sector for 2015have been estimated by some recent researches.In following years, thanks to technologies such as Big Data, Cloud, Mobility and Social Work, there is being expected a transformation of the institutions in Turkey.

Turkey’s Unlicensed Solar Energy, Investment Opportunities and the Application Procedures

  February 28, 2015     By Herdem Attorneys at Law
By means of its geographical location, Turkey appears to be one of the sunniest countries in Europe, with the calculated solar radiation level quite similar to Portugal and Spain.

Nuclear Power Plants and Turkey

  February 23, 2015     By Herdem Attorneys at Law
In terms of the power generation, using the natural gas takes first and the coal takes second place in Turkey.

Assignment of Share at Limited Company Pursuant to Turkish Commercial Code

  February 6, 2015     By Arc Law Office
There have been detailed knowledge on assignment of registered shares transactions at Article 593 and following articles of Turkish Commercial Code.

Consensual Divorce in Turkey - Uncontested Divorce

  February 3, 2015     By Cindemir Law Office
Explaining Divorce in Turkey with settlement agreement.

Notice of Termination for Employment Contracts in Turkish Labor Law

  February 3, 2015     By Cindemir Law Office
In Turkey, the employment contract may be terminated in several ways;

Turkey’s Civil Offset/Industrial Participation Enthusiasm

  February 3, 2015     By Herdem Attorneys at Law
Most probably many people would not know more about where offset/industrial participation discussions were moving toward before the article titled “The defence industry: Guns and Sugar” was published on The Economist’s on 25 May 2013.

Draft Law on Shopping Malls in Turkey

  January 30, 2015     By Herdem Attorneys at Law
Turkey has been becoming a “shopping mall heaven” ever since 1988 which is the time that the first shopping mall was built in Turkey.

Industrial Design Rights in Turkish Legal System

  January 20, 2015     By Onal & Onal Law Office
Registration of industrial designs can be required for a variety of products such as textile products, electrical household appliances and cars. Registration of industrial designs is made for 5 years and can be extended up to 25 years in 5-year periods. A design can be registered only on the condition that it is novel and distinctive. Novelty of a design means that it has not been offered to public in anywhere around the world.

Utility Model Rights in Turkish Legal System

  January 20, 2015     By Onal & Onal Law Office
Utility model is similar to patent in aspects such as novelty, industrial applicability, etc. in terms of protection conditions. The protection provided for the patent owner is also provided for the owner of utility model. The period of protection for utility models is 10 years on the condition that the protection fee must be paid at each anniversary.

Trademark Rights in Turkish Legal System

  January 20, 2015     By Onal & Onal Law Office
Trademark means any kind of indication which shows the service or goods and which shows the assigned pertains to distinguish the service or the goods from similar ones. Same time, It shows the assigned pertains to a specific enterprise the service and goods from similar ones in the market.

Patent Rights in Turkish Legal System

  January 20, 2015     By Onal & Onal Law Office
If the patent applications do not meet the patentability criteria or violate your rights, objections can be raised within 6 months from the publication of applications on the Official Patent Bulletin. Patent applications are made to Turkish Patent Institute by the inventor or its successors.

Turkey: Mergers and Acquisitions Deals in 2014, Expectations for 2015

  January 18, 2015     By Herdem Attorneys at Law
Turkey, as an emerging market, has its ups and downs to invest from time to time. These times depend on several different factors, but tracing them has crucial importance for investors. Focusing into Mergers & Acquisitions deals can be inspiring when taking decisions for investments.

Outline of the Law on Defence Industrial Security and Classified Military Information in Turkey

  January 5, 2015     By Herdem Attorneys at Law
Law No 5201, Defence Industrial Security Law, dated 29.06.2004 is the principle document regulates the Turkish defence industry and set forth the legal framework of all classified military agreement, information, documentation, project, purchase, sell, manufacturing, research and development, storage of material or services, facilities to conduct those activities related to defence industry excluding the staff of and the facilities belong to Turkish Armed Forces.

Supervision of Industrial Organizations Manufacturing Military Equipment in Turkey

  January 5, 2015     By Herdem Attorneys at Law
The arms industry with over 600 modernization projects is booming in Turkey. The government policies in manufacturing and new offset regulations towards to domestic procurement ensure continuous transformation and development. The 2023 vision of the government is to be ranked in first ten countries in defense industry and to manufacture all ground vehicles, marine vessels and unmanned aerial vehicles domestically.

Personal Injury Liability in Turkey

  January 4, 2015     By Cindemir Law Office
Personal injury liability is well described under Tort Law Definition of Turkish Obligation Code. Under Turkish Law, there must be 4 conditions for tort liability (in other words, personal injury liability): Acts Against Law,Damage, Causal Relation, Negligence, and Act Against Law.

Statute of Limitations Related to Personal Injury Cases in Turkey

  January 4, 2015     By Cindemir Law Office
The claims of compensation because of a unlawful act cease after a certain period of time. Normally the term is 2 years running from the date on which the damaged person received knowledge of damage and of the person who had caused the damage. This may not be longer than ten years from the date when the act causing the damage occurred. (New Code of Obligation of Turkey entered into force in 2011, article 72).

Enforcement of UK judgments in Turkey

  January 2, 2015     By Cindemir Law Office
How to enforce UK judgments in Turkey. Uk Decrees are generally enforceable in Turkey based on high court decision.

Enforcement of US Judgments in Turkey

  January 2, 2015     By Cindemir Law Office
As a civil based law country (continental European Law) in Turkey, enforcement of foreign judgments are entitled to specific provision in International Private Act (MOHUK). It is noteworthy to mention that Turkey is not part of European Union and accordingly Brussels Convention and other relevant legislation which deal with judgement enforcement does not have any effect in Turkish Law.

Paternity Suit in Turkey Under Turkish Family Law

  December 12, 2014     By Cindemir Law Office
Paternity Suits in Turkey under Turkish Family Law. Results of Paternity suits will enable the mother to request financial support from the father.

Contracting the Petroleum Operations Under Turkish Petroleum Law

  December 8, 2014     By Herdem Attorneys at Law
As exception to liberty of contracting and unlike a number of other industries, Turkey's petroleum industry imposes certain obligations to petroleum right owners in contracting the conduct of the petroleum operations. At the first glance this seems that it aims to strengthen the management of hazards by enhancing the safety however the liability imposed to petroleum right owners in case of contracting the operations still remains unclear in terms of limitation.

Transfer and Granting of Rights under Turkish Petroleum Law

  December 8, 2014     By Herdem Attorneys at Law
Especially after the drop in oil prices the companies that are in early stage of their investments have begun to get position aiming to turn into an advantageous investment and started to look to what extent the regulations allow them to transfer and grant their rights under Turkish Petroleum Law. This may be deemed also as an exit strategy for some from operational perspective as it parallels with the tendency around the world and has direct relation with oil prices.

Work Permits Under Wet Lease Agreements for Oil Exploration Operations in Turkey

  November 16, 2014     By Herdem Attorneys at Law
As part of exploration operations of multinational companies, wet lease agreements are gaining more importance especially in oil and gas industry and foreign carriers who takes part in such operations are still not clear about either their employees require work permit or not, in cases where they entered into a subcontractor and wet lease agreement with Turkish air carriers for air transport works to be conducted under exploration operations.

Taxation, Import, Export and Transfers under Turkish Petroleum Law

  November 12, 2014     By Herdem Attorneys at Law
The Turkish Petroleum Law, a touchstone for goals of attracting foreign investors to Turkish petroleum industry entered into force on 11 June 2013 and has been introduced as a revolution in oil and gas industry as it was leveling the playing field for foreign investors and removing the privileged rights of the state company.

Inheritance Law in Turkey

  November 6, 2014     By Ongur Ergan Law & Consulting Office
The rising number of marriages between Turkish citizens and foreigners brings in issues related to marriages of this type. From a legal point of view, the two important issues as regards to this may be the distribution of matrimonial property and inheritance. Under this topic we will basically address the issue of inheritance in Turkey, in line with the growing number of demands of legal assistance from our office.



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