Mediation in Commercial Cases: The Scope of the Requirement
In commercial cases, mediation is a precondition only for claims for the payment of a sum of money. Getting the scope right is critical for managing time limits and costs.
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Corporate & Commercial Law
Advice at every stage of a company’s life, from incorporation and general assemblies to share transfers, mergers and demergers.
A company’s legal structure directly shapes its growth and its risk profile. Well-drafted articles of association and a clear shareholder framework prevent most of the disputes that might otherwise surface years later.
We advise companies and investors on the incorporation of joint stock and limited liability companies, amendments to articles of association, capital increases and reductions, share transfers and shareholders’ agreements. Ensuring that board and general assembly meetings comply with the Turkish Commercial Code, drafting resolutions and following registration procedures are part of our team’s daily work.
When disputes arise, we represent clients in actions to annul general assembly resolutions, exit and exclusion of shareholders, director liability claims and dissolution for just cause. We also manage mediation, a mandatory precondition for commercial claims since 2019, as an integral part of the strategy.
Scope of services
- 01Incorporation and articles of association
- 02Shareholders’ agreements
- 03General assembly and board procedures
- 04Share transfers, capital increases and restructuring
- 05Mergers, demergers and conversions
- 06Corporate governance and compliance
Common disputes
- 01Annulment and nullity of general assembly resolutions
- 02Shareholder exit and exclusion
- 03Director liability
- 04Claims arising from share transfers
- 05Dissolution for just cause
Liability of Board Members in Joint Stock Companies
The Turkish Commercial Code ties directors’ liability to fault and to the principle of differentiated joint liability. We look at when, to whom and for how long a board member can be held liable.
Five Points to Consider in the Articles of Association
Articles of association are often filled in from a template. Yet share transfers, quorums and shareholder exit, if not structured properly from day one, can turn into hard-to-solve disputes years later.
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