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GENERAL ASSEMBLY OF JOINT STOCK COMPANIES TO BE HELD VIA ELECTRONIC MEANS 21 March 2024
In joint-stock companies, the general assembly is where shareholders with voting rights or their representatives declare their intentions, exercise their rights related to the company, and receive information. The general assembly can be convened either physically at a specified time and location or electronically. The regulations for electronic general assemblies are outlined in Article 1527 of the Turkish Commercial Code No. 6102 ("TCC") and Article 30 of the Capital Markets Law No. 6362 ("CML"). According to Article 1527/5 of the TCC, “Attending to the general assembly of joint stock companies via electronic means, giving opinion and voting result in all judicial conclusions of voting and attending physically”.
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UNLICENSED SOFTWARE USE OFFENCE AND PROTECTION OF SOFTWARE COPYRIGHT 19 March 2024
WHAT IS UNLICENSED SOFTWARE AND SOFTWARE PIRACY?
Unlicensed software refers to software that is used, copied, or reproduced without permission from the individual(s) holding the copyright.
Software piracy, on the other hand, entails the unauthorized copying, (including exceeding the permitted number of copies as per the license), selling, or sharing of licensed software, without the consent of the rights holder.
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ECONOMIC RIGHTS OF THE AUTHOR? 27 February 2024
Under the Intellectual and Artistic Works Act No. 5846 ("IAWC"), the author's economic rights are established to protect their interests. While Articles 14 to 17 of the IAWC focus on moral rights, the provisions for economic rights are detailed between Articles 20 to 25, along with Article 45.
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WHAT IS INFLUENCER AGREEMENT? 22 February 2024
WHAT IS INFLUENCER AGREEMENT?
Definition and Subject Matter of the Influencer Agreement
In legal literature, influencer agreements are characterized by a contractual arrangement wherein the influencer undertakes, for the duration specified therein, to engage with and subsequently promote products and services on their social media. This promotion is to be executed in formats such as videos, photographs, or stories, and at frequencies agreed upon with the company, such as three posts per month. In consideration of the influencer's performance of these promotional activities, the company undertakes to indemnify the influencer with a certain fee or other specified benefits as mutually agreed upon between the parties. (1)
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DAMAGE TO THE COMPANY CAUSED BY AN AUTHORIZED DIRECTOR IN A LIMITED LIABILITY COMPANY AND ITS CONSEQUENCES 12 October 2023
WHAT ARE THE BODIES OF A LIMITED LIABILITY COMPANY?
Limited liability companies have two mandatory bodies: the General Assembly and the Board of Managers. According to Article 623 of the Turkish Commercial Code No. 6102 ("TCC"), managers are authorized to make decisions on all matters related to management that are not reserved by law or the company's articles of association for the general assembly and to execute these decisions.
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HOW CAN WE RECORD AND REGISTER INTELLECTUAL AND ARTISTIC WORKS? 11 October 2023
1. What is a Work?
Under Law No. 5846 on Intellectual and Artistic Works Law (“IAWL”), a work is defined as any intellectual or artistic product bearing the characteristic of its author, which is deemed a scientific and literary or musical work of fine arts or cinematographic work.
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PROCEDURE FOR REDEMPTION OF BANK LETTERS OF GUARANTEE 10 October 2023
1. WHAT ARE BANK LETTERS OF GUARANTEE USED FOR?
In the absence of a separate legal regulation, the legal basis of bank letters of guarantee is Article 128 of the Turkish Code of Obligations No. 6098 (''TCO''). With a bank letter of guarantee, the bank undertakes to make a certain amount of payment to the addressee (guarantor) in the event that the beneficiary (customer) fails to perform its obligations or other risks specified in the contract are realised. This commitment creates an independent contractual relationship between the bank and the addressee. The beneficiary is not a direct party to the letter of guarantee.
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DAMAGE TO THE COMPANY CAUSED BY A MEMBER OF THE BOARD OF DIRECTORS IN A JOINT STOCK COMPANY AND ITS CONSEQUENCES 9 October 2023
WHO ARE THE MEMBERS OF THE BOARD OF DIRECTORS AND HOW ARE THEY ELECTED?
According to the abrogated Turkish Commercial Code No. 6762 (''Former TCC''), the members of the board of directors must be shareholders of the company at the same time; however, according to the Turkish Commercial Code No. 6102 (''TCC''), the requirement for the members of the board of directors to be shareholders at the same time has been abolished.
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LEASE DETERMINATION LITIGATION 18 September 2023
What is a Lease Determination Litigation?
The lawsuit filed for the adaptation of the rental price to the value it deserves, taking into account the current market conditions, is called the rent determination lawsuit.
In which cases can a rent determination lawsuit be filed?
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Correction of Tax Errors 26 December 2022
Correction of Tax Errors
I. Introduction
Error refers to the actions that show the existence of an unlawful transaction and that need to be corrected by the administration. Tax errors are unlawful transactions originating from the taxpayer or the administration (Tax Office), which we encounter in the following process from assessment to tax collection. The emergence of the said errors may be due to the complex and technical aspects of the taxation phenomenon, or the legislation structure that is subject to frequent changes and the inadequacy of the legislation in terms of content. In addition, errors arising from the incomplete or narrow interpretation of the laws by the tax office or the taxpayer can also serve as an example for this scope.
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