Commercial Law is one of the fields where lawyers have difficulty in practicing and the main reason why they have difficulty is the fact that in our country trade is still carried out with feelings. Thus, there is not enough concrete evidence that lawyers can find.
The companies that have been in commercial relation for years build their work based on trust and push document management into background. Therefore, unfortunately, the necessary documents cannot be provided, because aged relationship between the parties are broken and now the problems are submitted to the court.
- ATTORNEY’S DUTY ON COMMERCIAL LAW
Attorneys working on commercial law should find a way to protect its client without breaking the trade of its client’s company that is operates with feelings and should guide its client. Otherwise, damaging the aged commercial relations will incapacitate the company. Therefore, first of all, a moderate transition process should be achieved by conducting negotiations with the customers or suppliers who the company works with, and the workflow of the client company should be planned in accordance with the desired conditions. When these conditions are provided, attorneys would make their work easier and also establish control over the company’s claims and debts. In addition to these, attorneys working on commercial law can more easily guide a newly-established company from the moment they start work, by controlling the process, they can determine the legal policy of the company before it starts.
Our office provides all kinds of legal service that equity companies might need in the scope of commercial law. Our services include many subjects like establishment, institution management, process audit, operations of board of directors, board of members, general assembly, mergers and takeovers, tax planning, going public, commercial contracts and transactions, relations between employees and other staff members, relations between agencies and distributors, affiliated companies, rights on intellectual and industrial property, proceedings on commercial debts and claims, suspension of bankruptcy and liquidation.
Our firm also offers training services for partners and managers of client companies. Especially, services are provided to give information about the new Turkish Code of Commerce, the New Turkish Code of Obligations, the Labor Law, the legal issues and to inform employees on responsibilities of the company's management and on the issues of health and safety at work, to manage the companies in accordance with the legislation and to supervise the transactions in this direction. Also, our attorneys provide consultancy and representation services for recovery of debts and all kinds of disputes and to which companies, its executives, employees or partners are parties.
Our firm also offers services on preparations of standard contracts for the transactions that companies frequently practice. It is aimed to prepare balanced contracts that explain and protect all the rights and obligations of the parties in detail, which include the evaluation of all possible elements in accordance with the purpose and to prevent the occurrence of disputes. Our attorneys aim to prepare contract texts that require less effort for the solution of the disputes are clear, easy to follow and practice and compliant with the legislation.
The attorneys work under our firm provide services especially on the transactions of the companies operate in Turkey and have foreign capital, commercial relations of local companies with foreign firms or their investments abroad, the transactions that is made in the presence of World Trade Organization (WTO), the protection of the intellectual and industrial property rights in the presence of World Intellectual Property Organization (WIPO) or European Patent Organization (EPO), the development of a solution for commercial disputes that require foreign practice of law or that is subjected to the rules of arbitration organizations like International Chamber of Commerce (ICC), Law on International Commercial Arbitration (LICA), American Arbitration Association (AAA) and the like. Also, they provide services on transactions of international ship and aircraft registrations and other similar services.
Besides the services that are mentioned above, our firm provides services in the field of legislation review and interpretation of double taxation prevention agreements in order to comply with international standards.
Our office provides legal support to its client in the presence of established institutions and persons on all kinds of debt follow-up transactions documented or not. Within this scope, the execution of all kinds of enforcement proceedings, including the execution of domestic and foreign court and arbitral awards by the executive directorates and courts, and the follow-up of the checks related to the bills of exchange (check, deed, bond, bill), mortgages or pledges and other related services such as carrying out sales transactions, carrying out related litigation and similar services.
Our firm also provides liaison and consultancy support in the presence of international law offices and corporate networks for the proceedings against the debtor who resides abroad.
Also, our attorneys provide consultancy and representation services for the reconstruction of companies, capital increase, abatement operations, change of form, concordat, suspension of bankruptcy, bankruptcy, liquidation and similar transactions.
Commercial law is actually the commercial code.
In companies that will be build;
What kind of job will be done?
How much capital is required?
What kind of business should be built to do this job?
Which association the business will join?
How will the income be shared?
What can be done in case of a bankruptcy?
Issues like these should be determined and after the business that is convenient for the job is established, legal obligations should be discussed and the necessary procedures and the documents to be kept should be in compliance with the law.
As you can see, even before you build a company, the Commercial Law is in the job. As it takes place in the beginning, it also set the rules of commercial life in annulment and bankruptcy of the company. We can list the representation and consultancy services provided in this field as follows:
- ATTORNEYSHIP SERVICES
1. Actions for unfair competition,
2. Bankruptcy and suspension of bankruptcy cases,
3. Trademark-Patent applications and suits,
4. Actions of debt for companies,
5. Actions for prevention of assault on trade name,
6. Cases arise from consumer law,
7. Cases arise from tax law and all kinds of disputes that can be based on Commercial Law.
- CONSULTANCY SERVICES
1. The control and preparation of agent’s contracts,
2. The control and preparation of checking account relations,
3. The control and preparation of distributorship contracts,
4. The control and preparation of franchise agreements,
5. The control and preparation of shareholding contracts,
6. The control and preparation of stocks, bills of exchange and other legal transactions in capital market,
7. Legal status identification report (Due Diligence),
8. The control and preparation of construction contracts,
9. The control and establishment of liaison offices,
10. The control of operating ledger and other commercial registers,
11. The control and preparation of joint venture contracts,
12. The control and preparation of know-how contracts,
13. The control and preparation of lease contracts,
14. The control and preparation of license contacts,
15. The control and preparation of property-service procurement contract,
16. Brand protection etc. and other cases arise from trademark law,
17. The control and preparation of purchase contracts,
18. The control and preparation of sponsorship agreements,
19. The control and preparation of general meetings of the company, other legal obligations and book entries,
20. The control and preparation of mergers and takeovers,
21. The control and preparation of bills of exchange of the company,
22. The control of bills of exchange that the company receives,
23. The control of commercial invoices,
24. The control and preparation of commercial contracts,
25. The control and preparation of commercial credit contracts,
26. Legal consultancy on the investments in organized industrial zones and free zones,
27. Legal consultancy on foreign companies’ investments in Turkey,
28. Legal consultancy on local companies’ investments abroad,
29. The control and preparation of corporation’s charter and transactions of local and foreign companies,
30. The control and preparation of management contracts,
31. Providing consultancy services in the office, by phone or in writing, only during working hours.