As part of our share transfer and corporate law series, we already analyzed the rules and procedures of share transfers in Joint Stock Companies (Part-I) and the role of share ledgers in such transactions (Part-II). Due to the complex nature of these transactions, we also created an infographic in order to make the information more
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SHARE TRANSFERS IN TURKEY – A VISUAL SUMMARY [INFOGRAPHIC]
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SHARE TRANSFERS IN TURKEY – PART II – THE ROLE OF COMPANY SHARE LEDGERS
Ali Yurtsever I. OVERVIEW In Part-I of the corporate law and share transfer series, we reviewed the general rules and procedures relating to share transfers in joint stock companies (JSC) in Turkey. Although the general procedures were reviewed in detail for all types of share transfers, the limitations on share transfers and restricting provisions set
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SHARE TRANSFERS IN TURKEY – PART I
OWNERSHIP AND TRANSFER OF JOINT STOCK COMPANY SHARES Ali Yurtsever OVERVIEW Joint Stock Companies, noted as “Anonim Şirket” in Turkish (JSC), are a type of capital company provided for by the Turkish Commercial Code (TCC), similar to ‘Corporations’ in the U.S. and ‘Société Anonyme’ in Europe. These JSCs have certain differences with other types
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COPYRIGHT PROTECTION IN TURKEY
Emir Aksoy LL.M, LL.M. IP Scope of Protection Copyright protection in Turkey is regulated under the Intellectual and Artistic Works Law No. 5846 (hereinafter will be referred as “the Law”). Copyright arises automatically on creation of work, whereas “work” is defined as any intellectual or artistic product bearing the characteristic of its author, which are
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COMPANY FORMATION (INCORPORATION) IN TURKEY
Ali Yurtsever I. OVERVIEW There are relatively few capital restrictions imposed upon businesses in Turkey, and although the formation procedures can be quite complex, foreigners are allowed to freely invest in businesses and are even allowed to have full/sole ownership of a capital company. Since it is fairly easy for foreigners to invest
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RTUK is Now Entitled To Supervise Online Media Service Providers
Emir Aksoy LL.M, LL.M. IP A draft to the Regulation on the presentation of online radio, television and on-demand broadcasts (“Regulation“) was published on the website of Turkish Radio and Television Supreme Council (“RTUK“) on 27th of September 2018 and the final Regulation has been published on the Official Gazette of 1st of August 2019
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TERMINATION OF EMPLOYMENT CONTRACTS BY EMPLOYERS AS PER TURKISH LABOR LAW
Ali Yurtsever I. OVERVIEW There are two separate systems provided in the Turkish Labor Law (the Law) for the termination of employment contracts. The first system is noted as the ‘freedom of termination’ (Art. 17), which essentially means that the employer is free to terminate employment contracts as it deems fit, provided that the
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Notice and Takedown Procedure for Digital Copyright Infringements in Turkey
Emir Aksoy LL.M, LL.M. IP Copyright protection in Turkey is regulated under the Intellectual and Artistic Works Law No 5846. Turkey has unfortunately become one of the hubs for digital copyright infringement especially for movies and TV shows. Due to the high income generated through ads, the business models of many new web sites in
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DEBT RECOVERY IN TURKEY BY FOREIGN NATIONALS AND COMPANIES
Ali Yurtsever I. OVERVIEW Debt recovery procedures in Turkey can be quite complex and can take a lot longer on average than most EU countries. The complexities arise from the lack of transparency and visibility within the domestic market along with the complex nature of legal proceedings for debt collection and the associated costs
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The Importance of Due Diligence
Emir Aksoy LL.M, LL.M. IP On a broader sense Due Diligence means the assessment of a company by a prospective buyer through an investigation and analysis of a target company. In this Article our aim is to provide an overview on how to draft a due diligence report (hereinafter referred as “DD”) and with a
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END OF THE FREE INTERNET OR THE MODERNIZATION OF THE EU DIGITAL COPYRIGHT REGIME
Emir Aksoy LL.M, LL.M. IP The European Parliament’s decision to approve the new EU Copyright Directive on 26 March 2019 saw huge protests and demonstrations against this directive. The main focus of these protests was Article 17, the so called “Upload Filter”, which aims to force tech giants like Google, YouTube, Facebook etc. to change
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WORK PERMIT APPLICATIONS FOR FOREIGNERS IN TURKEY
Ali Yurtsever I. OVERVIEW Turkey has a rather strict policy regarding foreign employment where the application procedures are tied to numerous criteria. It should be noted that the regulations regarding the work permit applications are quite complex and although the main regulation regarding work permits is the International Labor Law No. 6735 (the Law), most
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PERSONAL DATA PROTECTION IN TURKEY
Biometric Data Usage for Security and Shift Checks of Employees and in the Medical Sector Ali Yurtsever I. OVERVIEW Personal data protection was a controversial topic in Turkey for many years, mainly due to the European Union ascension procedures. Although Turkey signed and is therefore a party to the European Union Treaty No. 108
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ANTI-COUNTERFEITING RAIDS UNDER TURKISH LAW
Emir Aksoy LL.M., LL.M. IP Turkey is a member to the WIPO and is a signatory to the major Intellectual Property related Agreements including Paris Convention, Patent Cooperation Treaty, Berne Convention, Trademark Law Treaty Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks and as well as TRIPS Agreement. Until January 10, 2017,
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THE IMPORTANCE OF CONFIDENTIALITY AGREEMENTS
Emir Aksoy LL.M., LL.M. IP Confidentiality Agreements or also known as Non-Disclosure Agreements (NDAs) are often used between companies in order to protect their confidential information, developed technology, know-how and/or trade secrets that might be given to the receiving party during their interaction. The general industry practice is to keep these NDA’s as short as
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INTERNET BANS IN TURKEY
Banning/Blocking Access to Certain Websites Ali Yurtsever I. OVERVIEW Turkey’s first foray into the Internet was back in 1993, which is when the country was first included within the global network which we now call the internet. The first years saw very limited adoption and usage due to the poor infrastructure of the country
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ACQUISITION OF TURKISH CITIZENSHIP VIA INVESTMENT
Citizenship Applications Based on Real-Estate Investments Ali Yurtsever I. OVERVIEW Until the recent framework changes, Turkey had a very strict policy when it came to granting citizenships to foreigner, and especially did not grant citizenships based on any kind of investment. The reasons for such strict policy vary, although it is widely accepted that
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OLAĞANÜSTÜ ZAMANAŞIMI İLE TAŞINMAZ MÜLKİYETİNİN KAZANILMASI
Av. Ali Yurtsever I. GENEL DEĞERLENDİRME Günümüzde taşınmaz mülkiyetine ilişkin en çok karşılaşılan sorunlardan biri miras yoluyla kazanılan taşınmazların yeni maliklerce bilinmemesi/tespit edilememesi, tapu kaydına yeni malikin kaydedilmesi veya söz konusu taşınmazların maliklerce tamamen unutulmuş olması ve bu taşınmazların üçüncü kişiler tarafından izinli veya izinsiz olarak uzun yıllar boyunca kullanılması ve değerlendirilmesi
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ANTİ-DAMPİNG ÖNLEMLERİ BAŞVURU PROSEDÜRÜ
Genel Değerlendirme Türkiye Dünya Ticaret Örgütüne üye ülke olarak, yerel Pazar ve endüstrilerini haksız rekabete ve dolayısıyla yerli üreticileri zarara uğratabilecek olan yabancı ihracatçıların “haksız” ticaret uygulamalarına karşı korumaları için gerekli önlemleri alma imkanı tanımaktadır. Dampingli ihracat, söz konusu haksız ticaret uygulamalarından biri olup, dampingli ihracatlara karşı ticaret politikası savunma aracı olarak yerel üreticilere anti-damping
