ADMD Law Office

Corporate, Tax and Litigation Law Firm in Istanbul, Turkey

ADMD Law Office

Levazım Mahallesi Aydın Sitesi Yazgülü Sokak Villa No:2C
Yazgülü Sokak Villa No:2C, Besiktas

Istanbul 34340
Turkey

Phone+90 (212) 269-5661
Fax +90 (212) 269-5669

Website www.admdlaw.com
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Law Firm Overview

The ADMD Law Office serves businesses, corporations, investors, and individuals of all shapes and sizes with an internationally-recognized team of seasoned lawyers, each an expert in both the legal minutiae of tax and corporate law and litigation as well as the complexity of corporate accounting and consulting. The firm has grown by leaps and bounds since its inception in 2004, quickly earning a notable clientele spanning fledgling businesses to global corporations worth several billion dollars, each of whom has continued to seek the firm's services and counsel in Turkey's rapidly expanding market.

Lawyers Orhan Mavioglu and Duygu Alkan have worked and studied in Turkey for decades, and they combine a unique knowledge of the Turkish economy with several years of representing banks, corporations, and investors in both litigation and arbitration. The firm's Istanbul office has become particularly known for its tax services among both foreign investors and media outlets throughout Europe, an expertise in which Mavioglu's particular habits of lengthy and diligent study have come to fruition. The firm's corporate expertise, although far better known, is matched by a full spectrum of legal services to families and individuals throughout Turkey, practices which have quickly grown ADMD's internal reputation to match the honored name it holds among investors worldwide.

Working and investing in Turkey requires a seasoned expertise, but shouldn't be handed off to the impersonal processes of larger and less attentive firms. The ADMD Law Office has given many years of dedicated service to families, individuals, and businesses in and out of the country, providing each client with the focus and value only a boutique firm can provide, without losing an ounce of legal effectiveness.

Year this Office was Established: 2004

Languages: Turkish, English

Areas of Law

































Additional Areas of Law: Antidumping; Trading Services; Maintenance Services; Document Services; Execution & Enforcement Services; Government Relations Services; Leasing Services; Restructuring Services; Succession; Tax Controversy; Work & Residence Permit Services; Debt Recovery & Collection Services; Expert Opinions on Turkish Law; Hotel Licensing & Operation Services; Investment Management & Services to Funds; Logistics & Transport Law; Marriage; Regulatory Services & Independent Agencies; Foreign Investment.


Areas of Law Description

ADMD's diversified practice enables it to offer solutions to the most challenging legal issues of commercial businesses and individuals. We provide various kinds of services to our clients such as general legal counseling, corporate and litigation services. Our services are not limited by but can be categorized under the following topics:

- Administrative Law

Litigation of unlimited jurisdiction and annulment of administrative proceedings against administrative sanctions before administrative courts and Council of State, objections against Public Procurement Agency’s decisions and settlement for disputes, objections against development and housing process and execution of juridical procedures.

- Asset Finance

Our firm has extensive experience in various aspects of lease financing. Services that ADMD offers to its clients in this area include advising and counseling regarding structuring lease financing transactions, including tax, accounting etc., advising and counseling regarding credit risks of lease financing.

- Bankruptcy & Insolvency

ADMD Law Office provides legal services concerning the following issues; execution proceedings, denial of signature and debt, notice of bankruptcy, stay of bankruptcy, notice of composition, action for recovery of title, lien and denial of lien, contracts to get out of debt and refund of the money paid.

- Construction and Engineering

ADMD Law Firm provides services for the solution of disputes concerning contractors, subcontractors and outsourced issues as well as arranging legal requirements for complex real estate projects.

- Contracts

ADMD Law Office provides services with strict client confidentiality in these aspects; loan agreements, real property transfer agreements, share transfer agreements, merger contracts, investment agreements, leasing agreements, know-how, debt restructuring agreements, joint venture agreements, security agreements.

- Customs Law

International purchase and sale contracts, international manners of delivery and payment, international transportation, foreign currency operations of cost, export purchases and sales, investment incentive regime, settlement of disputes concerning customs duty, exemptions and all kinds of counseling services in the scope of customs law.

- Derivatives

Derivatives, the investment instruments excluding share certificates, are not quite preferable in our country. Consultancy services are available for our clients who request support regarding such issues.

- Energy Law

We provide consulting services especially regarding electricity, natural gas and oil market, energy arrangements and investments. We also submit legal opinions concerning energy law.

- Financial Institutions

ADMD Law Firm provides advice to companies and individuals on a broad range of banking law questions for their challenging transactions and assignments. We have dealt with a wide variety of financial claims such as bank operations, creditor's rights, consumer credits, directors’ and officers' liability, financial institutions as trustees, guaranties.

- Franchise Services

We provide franchising, master franchising, sub franchising and other related contract services for companies as well as drafting and revising of such contracts of international franchise brand marks.

- Health Law

We provide services regarding resolution of disagreements resulting from doctor-patient relationship, handling negligent and deliberate offense in respect of criminal law.

- Intellectual Property

We provide services for brand mark, patent, copyrights and industrial design subjects.

- Internet Law

We provide services to our clients concerning internet publishing, electronic commerce, intellectual property, individual rights and resolution of disagreements resulting from internet issues.

- Labor Law

Regulation of relations between employers and employees, preparation of labor contracts, settlement for disputes arising from employments and misemployments, litigations and disagreements regarding occupational accidents are some of the services that we provide to our clients within the scope of labor law.

- Litigation

Considering the rights and obligations peculiar to commercial companies are constantly being reformed along with the legislation amendments within the EU Adjustment Program, our office provides litigation services to its corporate clients concerning all kinds of disaccords such as liquidation, annulment of general meeting, shareholders’ liabilities, checks and bond litigations and labor litigations.

- Privatization

ADMD Law Firm advises international investors, financial advisers and Turkish government agencies on major privatization projects in Turkey including all areas. ADMD has a team equipped to advise on all aspects of privatization transactions, from structuring due diligence to closing.

- Restructuring

Our office provides consultancy services such as adapting to international developments, determining strategies in the process of corporate life, adapting to innovations of legal modifications.

- Sports Law

ADMD Law Office provides services with strict client confidentiality in finding solutions to the problems of individuals and legal entities, public and private persons. Some of these services are; regulation of social security and labor law through aspects of sportive activities and relations, intensity in sports, doping, resolution of issues.

- Venture Capital

Venture capitals, in other words risk capitals, could be defined as meeting of companies in search of capital or entrepreneurs with new ideas with open-minded investors who could invest their capital to such entrepreneurs and who are “ready to take risks”.

- Advertising Law

Justification of advertisements, auditing of contents of such advertisements, solving disputes concerning copyright and avoiding unfair competition could be the examples for the services that ADMD provides.

- Antitrust Law

We offer compatible solutions to needs and expectations of our clients concerning the lawsuits of prevention of unfair competition, grating block exemptions, vertical and horizontal contracts and anti-dumping investigations.

- Banking Law

Our office provides fulfillment of legal procedures concerning credit, leasing, mortgage agreements and all businesses to be transacted with banks, to its clients who demand service procurement regarding Turkish Banking Law which is a progressing field through innovated legislations.

- Capital Markets

Capital Markets Board is the authority that provides decisive and secure environment to capital markets as it protects benefits of investors (savers). We provide services to our investor clients concerning the legal modifications such as investment funds, public offerings and prohibition from executing transactions.

- Consumer Protection

Within the scope of legal regulations concerning Consumer Protection which has been developing particularly in recent years, our office enlightens our clients regarding the renovations and represents its clients before consumer courts.

- Corporate Finance

In recent years enterprises are expanding their business to greater scales, producing a great variety of products and releasing them to numerous markets, they attach more importance to research and development activities, the competition is escalating and the exchange rate is fluctuating.

- Employee Benefits

Our office provides legal consultancy services for its employee or employer clients in case they incur issues of labor law that are entitled to indemnification such as discharging, occupational accidents etc.

- Environmental Law

Our firm provides services especially to companies that operate in chemical waste field regarding production issues that shall be executed in accordance with the Environmental legislation and its regulations and disputes relevant to Environmental Law.

- Foreign Investment

Our office provides consultancy of international standards, to its foreign clients concerning the investments, company establishments and all other kinds of commercial transactions that are performed in Turkey.

- Government Relations

We provide services such as management of bureaucratic transactions, informing concerning administrative applications, submitting and proceeding of such applications.

- Insurance Law

ADMD Law Office provides consultancy services concerning insurance law. Beyond these services health insurance, retirement insurance, accident insurance and all other insurance types are the services that are provided by our law firm.

- International Law

International Law takes an important role for resolving challenges that citizens or companies of foreign countries experience. Subjects such as determination of the approach to individuals’ or companies’ legal problems in order to resolve it, designation of the answer to which country’s law shall be applied, execution and acknowledgment of foreign decisions in Turkey compose international law area.

- Investment Management & Funds

Our lawyers provide information, bring a lawsuit in case of disputes and submit legal opinions to investors as they face problems when they purchase and manage capital market instruments such as shares and funds.

- Lease Financing

Our office provides services to its clients regarding leasing proceedings and applications and related follow-ups.

- Mergers & Acquisitions

Tradition of M&A’s in Turkish corporate life is considerably new. Our office provides various legal services to local and international clients regarding their targeted acquisitions or mergers. Due diligence services for the subject entities, drafting and executing contracts, company resolutions and meetings.

- Real Estate

We provide solutions for conflicts concerning annulment of land registry, registration and remuneration suits, mortgage establishment, and liquidation of mortgage as well as disputes regarding beneficial ownership, rights of access, real rights.

- Securities

ADMD Law Firm provides counseling for its clients concerning numerous subjects such as financial transactions, real estate finance, project finance, leasing and Initial Public Offering (IPO).

- Telecommunications Law

Our office provides support to its clients in all kinds of possible legal problems and disputes in telecommunication area which is expeditiously developing and also provides counseling for numerous subjects such as internet law, software license, and copyrights.

- Wills & Estates

Our office processes its clients’ legal transactions such as arrangement of wills, inheritance transactions, estate actions, preparation of inheritance contracts, refusal of inheritance.

- Criminal Law

Our office provides legal services such as vindication of rights, denunciation against unjust treatment, right of audience, aerostation, declaration of testimony, representation in trials at criminal courts to individuals as part of adapted constitution and litigations in the field of Criminal Law.

- General Legal Counseling

Considering that law is pertinent with every field and moment of human life, we provide general legal counseling services to our clients that requests information concerning our fields of activity. Especially, drafts analyzes of contracts, marital property, social rights, employee rights in respect of Labor Code, ground for divorce, indemnification and fault in traffic accidents shall be stated as some of our services.

- Tax Controversy & Litigation

Our office provides services to our clients in all tax conflicts and litigations of tax legislation such as disagreements concerning income tax and corporation taxes, revocatory actions, tax exemption.



Partners

Duygu Alkan Ms. Duygu Alkan
Partner
Civil Litigation, Commercial Litigation, Consumer Law, Corporate Law, Corporate Litigation

Orhan Mavioglu Mr. Orhan Y. Mavioglu
Partner
Alternative Dispute Resolution, Arbitration, Business Law, Commercial Law, Corporate Law


Affiliations

  • Istanbul Bar Association
  • Turkish Patent Institute and European Patent Organization

More Information on ADMD Law Office

Corporate Law
Aviation Law
International Law
Administrative Law
Tax Controversy & Litigation
Bankruptcy & Insolvency Law
Commercial Law & Trading Services
ADMD Law Office News and Publications

Articles Published by ADMD Law Office

 Obligation to Employ or Contract a Lawyer on Continuous Basis for Joint Stock Companies in Turkey

Joint-stock companies with a registered capital equal to 5 (five) times or more of the minimum amount stipulated in Article 272 of the Turkish Commercial Code and building cooperatives with a membership number of 100 (one-hundred) or more are obliged to have/employ a contracted lawyer.

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 Effects of State of Emergency Law in Turkey on Prison Sentences Under Criminal Execution Laws

With the Statutory Decree No.671 dated August 17, 2016, and the recent changes with Regulations No.29987 and No.29824 on Regulation Regarding an Amendment on Placement to Open Punishment Execution Facilities effecting execution of the Law No.5275 on Punishment Execution Law has introduced significant changes.

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 Mandatory Mediation System in Turkish Employment Disputes between Employers and Employees

Law No. 7036 Code of Labor Courts (‘Law’) published in the Official Gazette No. 30221 dated October 25, 2017; introduced fundamental changes in the settlement of labor disputes and abrogated the previous law on the subject Law No. 5521. The radical changes implemented with the Law No. 7036 are summarized below.

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 Rightful Termination of Employment Contracts by Employees in Turkish Labor Law

The employees are entitled to terminate their employment contracts, whether the contract is for a definite or indefinite period, before its expiry or without having to observe specified notice periods in case of serious and important reasons determined in the Article 24 of the Labor Law No. 4857 (the “Labor Law”).

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 Amendments of Period of Appeals of Turkish Court Decision in Civil and Criminal Justice Systems

Regional Courts of Appeals started to operate as from July 20, 2016 and the Turkish Legal System adopted one more instance to its two (2) instance system, being transformed to a three (3) stage system. In the new system, Regional Courts of Appeals operates as second instance and the Supreme Court of Appeals is the third instance.

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 Non-Delivery Pledges Over Movables in Turkey

Law on Pledges over Movable Property in Commercial Transactions No. 6750 is published in the Official Gazette No. 29871 and dated October 28, 2016 and entered into force as of January 1, 2017. Law on Pledges over Movable Property in Commercial Transactions No. 6750 abolished the Commercial Enterprise Pledges Law No. 1447 and dated July 21, 1971 and introduced many new innovations to movable pledges.

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 How to Claim Refunds for Overcharged Import Taxes Due to Surveillance Certificate Requirements in Turkey

Ministry of Economy determines certain minimum thresholds for certain products in order to force the exporters to pay higher taxes on the products in customs. Ministry determines the minimum value threshold per each kilogram of the imported product and sets forth that any exports into Turkey that does not meet this minimum value threshold shall be required to obtain a surveillance certificate. Based on new precedent, it is now possible to reclaim such overcharged tax and expenses.

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 Reinsurance & Reinsurance Investments by International Companies in Turkey

The laws and regulations governing the insurance and reinsurance practices in Turkey are quite complex, This brief aims to inform readers on general reinsurance regulations in Turkey and tries to shed light to the reinsurance business by international insurance providers in Turkey.

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 Incorporating Capital Companies in Turkey and in Romania

This brief information note aims to provide information regarding capital company formations in Turkey and in Romania in a comparative manner.

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 E-Residency in Estonia

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.

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 Grounds for Divorce in Turkey and in Romania A Comparative Study

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

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 Restrictions on Rental Increases of Lease Contracts Under Spanish, Dutch and Turkish Laws

It is customary to increase rents at lease contracts annually almost all around the world. Generally, the main source of such increase is inflation of monetary currencies and revaluation of the properties leased. However, there are legislative restrictions at many jurisdictions, limiting such application or predetermination based on contractual freedom on rental increases.

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 How to Incorporate in Turkey

Summary information on formation of businesses under different types of commercial entities in Turkey.

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 Obligation to Maintain Company Websites under the New Turkish Commercial Code

The (New) Turkish Commercial Code No. 6102 dated July 1, 2012 ('the Law') implemented a number of provisions and brought additional obligations for capital companies. One of such obligations set forth by the Law is the obligation to have a dedicated website. According to Article 1524 of the Law, all capital companies subject to auditing are also required to open a dedicated Internet website and publish certain information.

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 Polish and Turkish Legal Systems for Value Added Tax (VAT)

The value added tax (VAT), is a type of indirect turnover based tax that is levied during the final phase of the purchaser of the goods and is included in the price of the purchased item or service. Being a turnover tax, VAT is levied at each stage of the production and the distribution process as well.

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 Termination of Employment in Turkey Based on Economical Reasons

The Turkish Labor Law No. 4857 ('the Law') sets forth the procedures and the circumstances for termination of employment contracts of employees by employers. With the confines of the Law, two separate termination mechanisms, namely rightful (just) termination and termination based on justifiable cause are available.

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 Polish and Turkish Legal Systems for Maternity Leave of Employees

Maternity leave (also referred as parental leave, paternity or adoption leave) is a form of an employee benefit that provides paid or unpaid time-off from work for the purposes childbirth or child welfare. Maternity leave is guaranteed mostly by the constitutions or by statutory regulations in all EU states including Poland, as well as in Turkey. This brief information note aims to summarize the systems in Turkey and in Poland.

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 Jurisdiction over the Turkish Steel Cases at the U.S. Court of International Trade

U.S. domestic steel producers consistently raised concerns about the Turkish steel industry, alleging that it is subsidized and unfairly aided. U.S. Commerce Department and International Trade Administration found a variety of Turkish subsidy programs to be dependent on export performance and imposed countervailing duty and anti-dumping penalties. As a response, Turkish steel producers have challenged these rulings in the U.S. Court of International Trade (CIT) with varying degrees of success.

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 A Comparison of the Legal Use of Electronic Signatures in the U.S.A. and in Turkey

The United States Congress enacted ESIGN in 2000 (Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 – 7006, (2012)) and Turkish Parliament enacted the 'Elektronik İmza Kanunu' (Electronic Signatures Law - EIK) in 2004. This article targets to summarize a comparison of approach between these statutes.

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 Liquidation of Capital Companies in Turkey

Capital companies are the most common form of commercial entities in Turkey. The most common capital companies which are; joint stock companies (“Corporations” / Anonim Şirket in Turkish) and limited liability companies (“LLC’s” / Limited Şirket in Turkish) and their liquidation procedures will be reviewed by this article.

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 Purchase of Real Estate by Foreigners in Turkey

In the past decade purchasing property in Turkey became very popular through holiday home owners and investors worldwide. The main purpose of this brief article is to explore the legal structure and the procedure of purchasing real estate in Turkey for foreigners.

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 A Comparative Approach Regarding Applications of Turkey and of France for Employment of Expatriates

Foreign Direct Investments (FDI) are defined by the Organisation for Economic Co-operation and Development (OECD) as an operation by which an investor acquires a lasting interest and a significant influence in the management of a firm that is situated abroad. Purpose of this article is to compare difficulties met by a French company willing to invest in Turkey and a Turkish company willing to invest in France, as regards to work permits and visas for expatriates.

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 Acquisition of Real Estate by Foreign Investment in Turkey

Legislation regarding purchasing of real estate in Turkey by foreign investments have changed many times over the past years. Supreme Court decisions, international or political developments and economic necessities are some of the pushing factors of such amendments.

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 Energy Regulations in Bulgaria and Turkey: a Comparative Study

The main aim of this brief article is to give a bird view on energy laws of Turkey and Bulgaria in a comparative manner.

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 Combating against the Financing of Terrorism in Turkey

By means and tools of the global information age, terrorist organizations are broadening their reach in gathering financial resources to fund their operations. The proliferation of terrorist websites link for addresses for contributions is at least circumstantial evidence of their usefulness.

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 Residence Permits and Immigration in Turkey

The main purpose of this brief information note is to discuss the issue of work and residence permits required for foreigners in order to reside and work in Turkey along with some information regarding permanent immigration regulations.

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 A Brief Q&A for Framework Agreements among Individuals and Brokerage Companies for Stock Market Transactions - Turkey

Quick and mass trading in securities and other instruments of the capital market requires a special regulation concerning the organization of the market, intermediation in transactions as well as facilitating the investment decision making process. With the new regulations on Capital Markets Law several amendments were made by the communiqués, regarding the principles on intermediary activities and intermediary institutions.

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 Past and Present Difficulties in Turkish Competition Policy

At the Helsinki European Council in December 1999, the Republic of Turkey was officially recognized as an accession candidate country to join the European Union. Negotiations pertaining to accession talks include Turkey’s competition policy. The 2005 accession talks in Brussels required Turkey to align itself with the European Union Legislation.

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 Prison Sentences for Monetary Debts in Turkey

According to Article 38 of the Turkish Constitution (TC) “No one shall be punished for any act, which does not constitute a criminal offence under the law in force at the time committed; no one shall be given a heavier penalty for an offence other than the penalty applicable at the time when the offence was committed.”

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 Overtime and Overtime Wage in Turkish Labor Code

European Union Directive No.104 is accepted and enforced by European Union Council in 23.11.1993 furnished a flexibility to work hours and this flexibility is supported with the codes accordingly. Turkey which is in the process of entering to European Union has made some important changes and accommodated to innovations in Labor Law in order to adapt EU’s standards and updates.

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 New Condominium Law and Building Management Plans - Turkey

As the real estate market develops in Turkey the Condominium Law is becoming the center of attention. Turkish Parliament amended the Condominium Law No. 634 with a new Law No. 5711 and it was published in the Official Gazette at November 28, 2007 (‘Turkish Condominium Law’ or ‘TLC’).

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 Group Exemptions of Vertical Agreements in Turkish Law

Competition (anti-trust) law was first established with Law No. 4054 titled ‘The Law on the Protection of Competition’ in Turkey. The fourth article of such law titled “Agreements, Concerted Practices and Decisions Limiting Competition” sets different types of principles for purpose.

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 Medical Malpractice: A Critique of the Turkish and American Approaches to Awarding Non-Economic Damages

When a doctor makes an error in your treatment, what legal compensation will be available? This is the central question in current medical malpractice litigation, one that is not easily answerable and that depends largely on the country in which you live.

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 Enforcement Procedure of Arbitral Awards in Turkey

Foreign judgments including the ones from arbitration courts or tribunals become recognizable under Turkish law via separate judgment of the Turkish Courts called ‘recognition and enforcement decisions’(in Turkish the procedure is named ‘tenfiz’).

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 Executing & Terminating Employment Contracts in Turkey

As Turkey maintains economic stability and growth for almost five years, the confidence of the foreign investors raised and new direct investments are executed more often. In this context employee related issues are of consideration to foreign investors and significance of the Turkish Labor Code (‘TLC’) elevate accordingly. Therefore we would like to briefly inform foreign investors regarding the precautions that shall be thought over while hiring and firing employees in Turkey.

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 Securitization of Financing for Wind Turbines in Turkey

As demand for energy increases in Turkey, investments in this sector is boosting with the help of the government. Incentives focus on renewable energy resources for obvious efficiency and environmental considerations and specifically wind energy investments had been very popular due to vast resources of Turkish geography. Therefore the government is trying to optimize financing conditions to attract more investment in the field.

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 Development of E-Commerce Legislation and Taxation of Revenues from Online Content in Turkey

Activities such as production, presentation, sales, insurance, distribution, and payment of goods and services are possible via computer networks with e-commerce. E-Commerce presents major physical differences from conventional commerce, and therefore many arguments have been raised regarding the problems of regulating and taxing e-commerce under the old commercial and tax regimes applicable.

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 Forms of Doing Business in Turkey

Foreign investors in Turkey may start a new company, make a portfolio investment, participate in a joint venture, purchase part of an existing business or establish a branch subsidiary or liaison office with no greater restriction than a Turkish national.

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