Commercial & Corporate Law and Consultancy Services

Commercial law is a comprehensive and dynamic branch of law that forms the backbone of economic life and the business world, regulating all legal processes of commercial enterprises, merchants, and companies. Our law firm operating in Adıyaman and its surroundings provides Legal consultancy and litigation services to its clients in the field of commercial & corporate law in the light of the most up-to-date legislation and jurisprudence. Our main priority is to minimize legal risks encountered in the business world, ensure the sustainability of commercial activities, and resolve possible disputes in the most effective way.

Company Formation and Types: Limited and Joint Stock Companies

The most important step to take when starting a new commercial venture is to choose the right company type and build it on a solid legal foundation. According to the Turkish Commercial Code, the most common company types are Limited Liability Company (LLC) and Joint Stock Company (JSC). Our firm guides you in determining the most suitable model according to your venture's capital structure, number of partners, and goals.

• Limited Liability Companies (LTD): Established with at least one partner and a certain capital. Partners are responsible for the company's public debts with their personal assets in proportion to their capital shares. Ideal for small and medium-sized enterprises (SMEs).
• Joint Stock Companies (A.Ş.): Suitable for corporate structures requiring larger capital. The liability of the partners is limited only to the capital they have committed. It is open to financing methods such as public offering and bond issuance.

We manage all bureaucratic processes such as the preparation of the articles of association, trade registry registration, tax office registration, and issuance of signature circulars during the establishment phase. Especially in the establishment of Joint Stock Companies, it is vital to arrange the articles of association in a way that protects the rights of the partners, observes minority rights, and prevents future 'deadlock' situations.

Corporate Governance and Legal Consultancy

The ability of companies to maintain their existence for a long time depends on having an effective corporate governance understanding. Our law firm provides continuous consultancy on the proper holding of general assembly meetings, the legal validity of board of directors' decisions, and the preparation of internal company directives. We also offer Legal support on specific issues such as institutionalization in family companies, planning of generational transitions, and preparation of a 'Family Constitution'. We also analyze risks by preparing legal 'Due Diligence' reports in mergers and acquisitions (M&A) and type change processes.

Preparation and Negotiation of Commercial Contracts

Legal assurance of promises made and relationships established in business life is possible with written commercial contracts. A well-prepared contract clearly determines the rights and obligations of the parties and prevents future disputes.

Contract types we specialize in include:

• Purchase and Sale of Goods and Services Agreements
• Franchising and Distributorship Agreements
• Confidentiality (NDA) and Non-Compete Agreements
• Shareholders Agreements
• Joint Venture Agreements
• Construction and Work Contracts

We ensure that critical provisions such as penal clauses, force majeure, authorized courts, and termination clauses in contracts are arranged in the Effective interest of our clients. We personally manage the processes of reviewing draft contracts and negotiating with the counterparty.

Mergers and Acquisitions (M&A)

As part of growth strategies, mergers and acquisitions bring along complex legal and financial processes. In the processes of two companies merging under a single roof or the acquisition of a company's shares/assets by another company; Legal Due Diligence reporting is the most critical stage. The target company's debts, contracts, employee receivables, tax risks, and intellectual property rights are examined in detail. Our firm meticulously carries out the entire process from the letter of intent (LoI) stage to closing transactions, including Competition Board permissions.

E-Commerce Law and Digitalization

With digital transformation, the rules of trade are also changing. E-commerce law regulates sales made over the internet and consumer rights. We prepare legal texts such as Distance Sales Contracts, Preliminary Information Forms, Membership Agreements, and Cookie Policies for e-commerce sites. We also guide e-commerce entrepreneurs on Electronic Commerce Information System (ETBIS) registrations and personal data protection (KVKK) compliance.

Concordat and Bankruptcy Law

In times of economic fluctuations, concordat is a vital exit route for companies whose financial structure has deteriorated but have hope for recovery. The concordat institution, renewed with Law No. 7101, provides debtor companies with a protective shield against attachments while allowing for the creation of a balanced payment plan with creditors. Our law firm specializes in the preparation of the preliminary concordat project, obtaining independent audit reports, and managing the Commercial Court of First Instance process. With the abolition of the bankruptcy postponement institution, concordat has become the most effective legal tool for a company to sustain its existence. Since a bankruptcy decision is inevitable if the process is not managed correctly, expert legal support is essential.

Commercial Disputes and Litigation

Despite all precautions, disputes may be inevitable in commercial life. In commercial litigation processes, we carry out effective representation activities before Commercial Courts of First Instance to protect our clients' rights.

Types of lawsuits we frequently follow include:

• Commercial Receivables Lawsuits: Collection of receivables arising from invoices, current accounts, or contracts.
• Unfair Competition Lawsuits: Compensation claims against competitors' behaviors contrary to the rule of honesty (disparagement, imitation, etc.).
• Intellectual Property Lawsuits: Prevention of trademark, patent, and design infringements.
• Company Lawsuits: Lawsuits for the annulment of general assembly decisions, liability of board members, and dissolution of the company.
• Bankruptcy and Concordat: Management of bankruptcy processes of debtor companies or bankruptcy postponement/concordat applications.

In addition to litigation, we also represent our clients in mediation processes, which have become mandatory in commercial disputes. By protecting the interests of our clients at the highest level in mediation negotiations, we aim to obtain Efficient and economical Support without entering long trial processes.

Commercial Enterprise Pledge

Faciliating access to finance for businesses, the Commercial Enterprise Pledge allows movable assets (machinery, equipment, stock, etc.) to be shown as collateral. Arranging the pledge agreement and performing TARES (Movable Pledge Registry) transactions ensures legal security for both the lender and the borrower.

Insurance Law in Commercial Activities

Insurance is the most important assurance protecting businesses against the risks of commercial life. However, when damage occurs, disputes may arise with insurance companies regarding the compensation amount or policy coverage. In commercial insurance disputes, we follow up on compensation claims arising from fire, theft, transport, employer's liability, and loss of profit insurances. We support our clients in interpreting general and special policy conditions, objecting to expert reports, and making applications to the Insurance Arbitration Commission.

Negotiable Instruments Law: Checks and Bonds

Negotiable instruments such as checks, bonds (promissory notes), and policies, which are frequently used as payment instruments in commercial life, are subject to unique formal requirements. Procedures to be performed in case of issuance, endorsement, and non-payment of these documents (protest, enforcement proceedings, bounced check lawsuit) require technical legal knowledge. Our firm is experienced in the collection of receivables arising from bills of exchange through enforcement, lawsuits for objection to signature and debt, and negative declaratory actions.

In conclusion, commercial law provides the legal protection that businesses need at every stage from their birth to their termination. Our law firm in Adıyaman, as your strategic legal partner in commercial life, manages complex legal processes on your behalf and contributes to the results of your business.