ADMD/Mavioglu & Alkan Law Office > Istanbul, Turkey > Firm Profile
ADMD/Mavioglu & Alkan Law Office Offices
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ADMD/Mavioglu & Alkan Law Office > The Legal 500 Rankings
Turkey > Tax Tier 1ADMD/Mavioglu & Alkan Law Office's tax practice is praised for its ‘excellent skills, deep knowledge and experience, combined with personal service’. The practice is a key name for clients in the real estate, automotive, IT, construction and energy sectors and advises local and foreign companies covering both advisory and controversy work, including tax planning, tax-related M&A, foreign investments, tax audits, tax incentive programmes, and litigation. Duygu Alkan heads the team, closely supported by Orhan Yavuz Mavioglu and Mine O. Tamusta, who offers additional expertise in transactional tax-related matters.
Other key lawyers:
‘Yavuz Mavioglu’s knowledge and network on tax issues is unparalleled.’
‘Excellent skills, deep knowledge and experience combined with personal service.’
‘Yavuz Mavioglu is always precise, across the board with understanding of technical issues, superbly responsive, brilliant and proactive.’
‘Yavuz Orhan Mavioglu is a very qualified and experienced consultant with deep knowledge on tax issues as well.’
‘Mine Tamusta is very accessible and experienced.’
‘Great heavy-weight firm with outstanding reputation but also easy to access and to work with.’
‘Yavuz Mavioglu is our main handler, he stands out with his diligent and solution-oriented approach to most sophisticated issues and he offers the most cost and time-efficient solution all the time and manages his team for us to get the result intended in a very short time.’
‘Mr. Mavioglu is one of the leading experts on transactional taxation. His structured approach is supported by his skilled team.’
Telecom Italia Sparkle
- Represented Mitsui Bussan in a VAT-based tax inquiry concerning over-the-counter cash-settled derivatives for oil.
- Providing due diligence, takeover, and equity investment options in distressed tourism operations and assets in Turkey for Morizon.
- Advised Remington Seeds on the tax structuring of a new investment in Turkey in form of a JV.
Turkey > Media and entertainment Tier 2ADMD/Mavioglu & Alkan Law Office has a broad media and entertainment practice, assisting with licensing, regulatory compliance and contracting services and bringing together other departments, including corporate, tax and employment, to provide comprehensive support to its clients. 'Expert in her field' Kardelen Lule spearheads the group, leading the team on regulatory compliance, licensing, contractual and litigation matters. Corporate and compliance lawyer Mine Tamusta and IP expert Can Cetingoz are key contacts among a host of partners across different practice areas.
Other key lawyers:
Can Cetingoz; Orhan Yavuz Mavioglu; Mine Tamusta; Duygu Alkan
‘ADMD are very easy to work with and very dependable. They are very fast with their answers and the solutions offered are easy to understand and implement.’
‘We work with Kardelen Lule, who is an expert in her field and very easy to work with.’
‘Kardelen Lule is our principal contact for media-related affairs. She is solution oriented and assists us with our advertising and PR campaigns, use of digital and mobile platforms, data optimisation, privacy issues and content-related matters.’
‘Orhan Yavuz Mavioglu is a great legal expert. His level of comprehension of accounting, auditing and tax issues is unmatched. He has a great team of lawyers, all with well-deserved reputations and experience. We rely on their experience on many levels and share clients. Duygu Alkan and Mine Tamusta are also very prominent figures in the legal world. However, they and their teams are also very humble, kind and accessible. We are proud to have them on our side both as our lawyers and also as business partners.’
‘The team of ADMD has a very good mix of great skill, extensive experience, a high level of work ethic and strong communication skills.’
‘Kardelen Lule and Can Cetingoz stand out for their knowledge and mastery of their fields. Their teams of lawyers provide us with high-quality services in line with our always urgent and demanding inquiries.’
‘Kardelen Lule and Mine Tamusta resolve all our issues. Both are very skilled and experienced. They are easy to reach and get back to us swiftly, no matter how complex the matter is.’
‘Kardelen Lule and Can Cetingoz are very skilled media and entertainment consultants. They offer to-the-point advice with superb efficiency.’
Telecom Italia Sparkle
- Assisting COJ with the launch of its packaged products line, including advertisement, production, placement, publishing, content review and compliance issues.
- Advising Telecom Italia with domain-related issues, content review, publishing and compliance matters.
- Acting for Ligman in an IP dispute over advertisement media, involving claims of design and copyright infringement in various jurisdictions.
Turkey > IT and telecoms Tier 3ADMD/Mavioglu & Alkan Law Office has a sizeable roster of clients in the IT and telecoms sectors, advising on range of commercial matters, including establishing online businesses and IP and internet law issues. Practice heads Orhan Yavuz Mavioglu and Kerim Gurlemez ‘are tremendously experienced, and their understanding of IT and telecoms matters is impeccable'. Ece Pazarcioglu is the name to note for software licensing contracts, custom enterprise resource planning projects and IT sector regulatory advice.
Orhan Yavuz Mavioglu; Kerim Gurlemez
Other key lawyers:
Ece Pazarcioglu; Kardelen Lule; Mine Tamusta
‘ADMD is very easy to work with and very dependable. They are very fast with their answers and the solutions offered are easy to understand and implement.’
‘Kerim Gurlemez has extensive knowledge of the regulations and Orhan Yavuz Mavioglu stands out for his overall market experience.’
‘Orhan Yavuz Mavioglu is always precise, with an understanding of technical issues across the board, superbly responsive, brilliant and proactive. Kerim Gurlemez is hands-on with new technology and is a hard worker.’
‘Orhan Yavuz Mavioglu has a great understanding of IT matters and is a brilliant legal consultant.’
‘Orhan Mavioglu and Kerim Gurlemez are tremendously experienced, and their understanding of IT and telecom matters is impeccable.’
‘The team at ADMD is a very good mix of great skill, extensive experience, a high level of work ethic and strong communication skills.’
‘Mine Tamusta is our main contact; she is an efficient professional and organises the team to offer us high-quality services on any matter.’
‘Their team is an example of a great combination of different skills and qualifications. All the lawyers are very diligent and experienced in their fields.’
Telecom Italia Sparkle
- Assisting Telecom Italia Sparkle with a range of corporate and compliance matters.
- Advised IFS on structuring its lightning support and platinum service packages.
- Assisted Jato Dynamics with regulatory compliance.
Turkey > Employment Tier 4ADMD/Mavioglu & Alkan Law Office's team is led by Alara Baykal and Gokce Sanlierli. The group handles employee relations, outsourcing, pension and benefit plans, employee terminations and employment arbitration and litigation.
Alara Baykal; Gokce Sanlierli
Telecom Italia Sparkle
- Advising Bipo on the incorporation and structure of its first service organisation in Turkey.
- Assisting RemotePass with compliance with Turkish laws and for employment registration, payroll, controversy issues along with taxation support.
- Advising DNZ Endustri on an expansion plan concerning the establishment of a new production plant.
Turkey > Dispute resolution Tier 6
The dispute resolution practice at ADMD/Mavioglu & Alkan Law Office is headed by litigator and tax expert, Duygu Alkan. Alkan handles commercial litigation, product liability and consumer claims, employment litigation, and tax litigation. Orhan Yavuz Mavioglu is another name to note.
Other key lawyers:
‘Deeply knowledgeable and experienced team.‘
‘ADMD is very easy to work with and very dependable.‘
‘Very fast with answers and solutions offered are easy to understand and implement.‘
‘Excellent skills, deep knowledge and experience combined with personalised service.‘
‘Duygu Alkan has impressive negotiation skills combined with strength and experience for litigation.‘
‘Very hardworking team of lawyers with good grasp of our business.‘
‘Definitely great value for fee ratio.‘
Artheon & Godfrey
Telecom Italia Sparkle
- Represented Agricola Ferrari in a trade dispute with a local importer.
- Acted for Lexmark in a real estate dispute.
- Represented Dogus Pirina in a litigation based on environmental claims.
ADMD/Mavioglu & Alkan Law Office > Firm Profile
The firm: Mavioglu & Alkan Law Office (ADMD) is a full-service law firm with headquarters in Istanbul. Since 2004, ADMD has served as an analytical, diligent, meticulous, and dynamic law firm providing consultancy and litigation services in Turkey.
All members and partners of ADMD are proficient in English, and they are capable of providing bilingual legal services. The partners of ADMD have extensive experience in international consulting and accounting firms previously in their careers. This allows ADMD to be more competent in aiding foreign clients to accomplish their objectives effectively, not only with the depth and scope of diligent legal services but also with the understanding of the economic, and political environment of Turkey.
Despite its short history and boutique structure, ADMD has contributed to transactions and deals worth over $8bn for clients in 16 years of practice. ADMD also has correspondent offices in the cities of Ankara, Antalya, Bursa, and Izmir, assisting its headquarters in Istanbul with any judicial and administrative filings requiring local attention. Moreover, ADMD is in cooperation with an affiliate service provider titled ‘ADMD Business Suites Turkey’ (‘ADMD BST’) providing services such as virtual company formations, outsourced accounting, and serviced office space and address allocation.
ADMD stands out with its wide scope of services to foreign investors, its support in M&A and financing transactions, its unique tax planning and tax controversy services, and its extensive experience in relation to real estate and, specifically, hotel businesses. ADMD tries to combine the attentiveness of a private legal practice with the professionalism of an international consulting firm, to offer its clients the best service they deserve.
Areas of practice: ADMD has extensive legal expertise and a great track record in helping foreign investments to be smooth and efficient processes. More than 65% of ADMD’s clients are foreign investors operating in Turkey. Accordingly, ADMD’s expertise in assisting foreign investors is among the most prominent in the Turkish legal market.
In addition to a wide range of legal services that foreign investors may need, ADMD also acts as a guide to investors, assisting them in understanding the legal, and economic environment of Turkey. ADMD supports its clients directly or with reliable referrals for any additional services that may be needed including virtual office formations, outsourced accounting, and tax submissions.
ADMD is among the few law offices with a corporate consultancy background, proudly stating litigation as one of its strong suits. ADMD handles cases in virtually all areas of trial practice and across a wide range of issues. ADMD’s litigation department is well equipped to handle any type of inquiry and aggressively pursue and promote the interests of foreign investor clients in any dispute and before all available venues. ADMD has an open office policy for its litigation services. It works closely with its foreign investor clients and keeps them informed at all stages. The wide range of litigation services is not limited to but includes corporate and commercial litigation, breach of contracts, product liability and consumer protection, torts, labor and employment, white-collar crime, real estate, and construction disputes, tax, regulatory and administrative fines, and measures.
Members of ADMD have gathered experience in auditing and accounting firms and are therefore able to offer tax services to clients with a sophisticated legal approach. ADMD helps clients to coordinate their affairs with tax administrations, including obtaining official case-based opinions and clearances.
ADMD has a solid reputation as one of the most prominent and efficient legal service providers for the purposes of hotel franchising and management agreements. In the field of hospitality, ADMD assists hotels and resorts, restaurants, nightclubs, spas, and relevant services, and product suppliers.
|Banking, finance and capital markets||Orhan Yavuz Mavioglu|
|Corporate and M&A||Mine Tamusta|
|Dispute resolution||Duygu Alkan|
|IT and telecoms||Orhan Yavuz Mavioglu|
|Intellectual property||Kardelen Lule|
|Media and entertainment||Kardelen Lule|
|Project finance/projects||Duygu Alkan|
|Real estate and construction||Orhan Yavuz Mavioglu|
Staff FiguresNumber of lawyers : 49 at this office : 24
MembershipsAsociacion Europea de Abogados (AEA) International Bar Association (IBA) International Law Office (ILO) Istanbul Bar and Turkish Bar Association Istanbul Arbitration Centre
OtherOther offices : Ankara Other offices : Antalya Other offices : Bursa Other offices : Izmir
All members and partners of ADMD are proficient in English, and they can provide bilingual legal services.
The partners of ADMD have extensive experience in international consulting and accounting firms previously in their careers. This allows ADMD to be more competent in aiding foreign clients to accomplish their objectives effectively, not only with the depth and scope of diligent legal services, but also with the understanding of the economic and political environment of Turkey.
ADMD has extensive legal expertise and a great track record in helping foreign investments to be smooth and efficient processes. More than 70% of ADMD’s clients are foreign investors operating in Turkey with headquarters at 65 different countries. Accordingly, ADMD’s expertise of over 20 years assisting foreign investors is among the most prominent in the Turkish legal market.
ADMD is a member of various and wide service networks such as AEA, International Bar Association, UAE Worldwide Business Consultancy, NTN Partners.
Orhan Yavuz Mavioglu, Managing PartnerWith his experience now, in its third decade, managing partner of ADMD, Mr. Orhan Yavuz Mavioglu explains how the firm is adapting to clients’ changing needs in these challenging times.
What do you see as the main points that differentiate ADMD from your competitors?
We try to keep ADMD as one of the most diligent and time and cost-efficient law firms. ADMD is extremely fast with its responses and we know that our clients are looking at their screens for a reply within moments after they click send button. We understand and appreciate that everything is urgent and important and try to keep up with limiting number of inquiries per partner and associate. We try to avoid over lawyering and focus on language where we try to avoid legal terminology and offer the simplest explanation in business terms as much as possible. We try to keep the teams working on issues as small as possible and manage the correspondence with one or two partners per issue so that the client is not lost in communication with different contacts. This approach allows us to keep the boutique nature of our services.
Which practices do you see growing in the next 12 months? What are the drivers behind that?
E-businesses and IP related inquires are booming. We try to focus on offering the most up to date service models and expertise for this increasing demand. Due to the pandemic year, claims and disputes based on force majeure are rising. Our contracts and dispute teams are focusing on these matters to offer tailored solutions.
What’s the main change you’ve made in the firm that will benefit clients?
We always had an ‘open firm’ policy for informing the clients often and periodically and we call ourselves an online-capable firm for years since we possess relevant IT infrastructure to deal with all sorts of issues without being limited to our office space or time zones. Due to the pandemic, such capabilities and policies have produced even better results and comforted our clients.
Is technology changing the way you interact with your clients, and the services you can provide them?
Of course, new technologies effecting legal services have been around for years and ADMD was ahead of its time for many years trying to offer and more use of such capabilities for issues from meeting to secure file sharing. With the increasing demand on the client-side, we are becoming more and more capable and
Can you give us a practical example of how you have helped a client to add value to their business?
Apart from compliance and structuring services, we offer our clients a tailored contract model for their businesses to ease contract management. I believe this is one of the most important issues where we manage to add value to our clients’ businesses. Our experience proved that in case the contracts used for the business are not structured for ease of management, even if their content is bullet proof, it becomes a huge burden and becomes a source for inefficiency. We work with each client to understand their business and reflect the most practical and easily managed contract formatting.
Are clients looking for stability and strategic direction from their law firms – where do you see the firm in three years’ time?
Indeed, they are, and it is hard work for lawyers. We try to associate ourselves with businesses and their practices more and more to adapt our services for matching their needs better. Ways of doing business and business terminology are changing and developing rapidly. We try to educate ourselves and keep our minds open. As a structured method, we advise and financially support our staff for their training in various business, technology, and finance education programs inclusive of MBAs and other seminars such as in fintech, derivatives, crowd-funding, data management etc.
REAL ESTATE AND CONSTRUCTION
Real estate and construction is one of the most esteemed practices at ADMD and we offer a wide range of services.
Turkish construction and real estate sector is booming for the last two decades and legal consulting to construction projects has been one of our strong suits among ADMD’s practices. Our members are experienced in handling multifaceted transactions, involving billions of dollars of construction for numerous projects containing complex phasing. We provide support to our clients on all legal aspects of a construction project, from the initial drafting of the contracts, to post-construction deals and dispute resolution. We assist for drafting contracts for planning, design, engineering, program, project and construction management and provide services for preparation of bidding documents, sales and leasing procedures including zoning, financing, and securitization details.
We assist our clients for real estate due diligence as well, and we offer efficient service packages for foreign investors interested in Turkish real estate market. In addition to traditional real estate leasing services, we are experienced in providing consolidated support for commercial real estate projects and building management. Accordingly, we assist many of such projects where our members deal with all lease and rent related issues for the purposes of execution, maintenance, collection, and eviction.
Turkey welcomes around 30 million international tourists every year and it is the seventh most popular tourist location in the world. Turkey offers various features including tourism for the purposes of culture, leisure, health, and business in all four seasons. Our real estate practice also co-exists with our hospitality, resort, and timeshare services. Hospitality industry contains a wide range of services and needs to tackle many different legal issues as businesses. We assist our clients in this sector from purchasing land and securing permits for hotel development to drafting franchise agreements for chains. We serve to hotels and resorts, restaurants, nightclubs, spas and their service and product suppliers. Our services contain subjects such as drafting, negotiating and execution of franchise and management agreements, structuring of joint ventures, assisting to financing issues, development and planning of projects, construction, land use and zoning issues, issues of employment, drafting of rules for procurement and operational agreements and complex fiduciary, franchise, and management litigation. ADMD has a solid reputation as one of the most prominent and efficient legal service providers for the purposes of hotel franchising and management agreements.
Since one of the biggest land vendors to the real estate sector is still the State in Turkey, our real estate practice also is interlinked with our privatization practice as well. ADMD is qualified to assist clients in all stages of privatization including data-room and due diligence services, clearance, attendance, guarantee deposits and process of bidding in tenders, review, and negotiations of takeover and concession agreements, structuring of new management following privatizations. We also offer litigation of privatization related disputes before commercial and administrative courts.
We serve individuals to handle procedure to purchase real estate property for purposes of application to Turkish citizenship by investment program.
COMMERCIAL, CORPORATE AND M&A
Commercial, corporate and M&A is the largest practice at ADMD. We offer a wide range services including negotiating, drafting commercial and trading contracts, structuring of distribution systems, regulations on manufacturing and sale of products. ADMD offers a unique protective approach. We analyse commercial or other considerations of parties involved in broad detail in order to foresee any possible issues, gaps or omission in clear definitions causing future disputes. Our members refrain from ‘over-lawyering’ in contract drafting and negotiations and our experience in contract litigation gave us the insight to evaluate even the most negligible issues very carefully.
ADMD has the legal expertise and record of accomplishment to help foreign investments to be smooth and efficient processes and almost 70% of our clients are foreign investors operating in Turkey. Accordingly, our expertise in assisting foreign investors is among the most prominent in the Turkish legal market. In addition to a wide range of legal services that foreign investors may need, ADMD also acts as a guide for investors assisting them to understand the legal and economic environment of Turkey.
ADMD offers an unparalleled expertise in regulatory services. Our practice contains services such as structuring of operational procedures in regulated businesses, adaptation for cross-border transactions, compliance requirements for mergers and acquisitions, review and revision of standardized business contracts and formats, assessment of operations, coding, billing, recording, and accounting practices. We also offer services for negotiations, settlement, and dispute resolution in cases of regulatory investigations or implementation of administrative measures. Members of ADMD have good and longstanding relationships with independent agencies.
We have a wide range of services specifically tailored for online businesses. Our services include structuring of internet start-up companies, handling issues in relation with spam mail, fraud, defamation, unfair competition and false advertisement over the internet, unauthorized access and hacking of systems and websites, issues of online domain, trademarks and copyrights, establishment of online subscription systems, protection of private and personal information submitted on the internet, service standard commitments by online companies and infrastructure providers, online payment models, viral and regular advertisement and placements on the internet etc. We also offer intellectual property services including copyrights and licensing for specialized needs of online publishers, social media platforms, e-commerce companies.
M&A services is one of the strong suits of ADMD. We handle dozens of deals every year. Members of our office assist a variety of issues regarding asset sales, stock sales, reverse, exit or cash-out mergers, leveraged buyouts, employee stock options, venture capital transactions, strategic alliances, and joint ventures. We assist to financing with private placements, initial debt, or equity public offerings and provide drafting, negotiation and execution services for share transfers and corporate bureaucracy, pre- and post-deal due diligence services, M&A tax structuring and deal closings including escrow arrangements.
We offer additional corporate services including virtual office formations, corporate secretary services, company management services on fiduciary basis, supervision, and reporting of accounting and tax submissions through outsourced CPA’s.
TÜRK HUKUKUNDA ORTAKLIĞIN GİDERİLMESİ İZALE-İ ŞÜYU DAVALARI3rd August 2022 Eski adıyla izale-i şüyu olarak bilinen ortaklığın giderilmesi davası, paylı mülkiyete veya elbirliği ile mülkiyete konu olan taşınır/taşınmaz malın, haklı bir sebebin varlığına gerek duyulmaksızın paydaşlardan her birinin paylaşma talebinde bulunması sonucu ortaya çıkan bir dava türüdür. Bu dava türü, ülkemizdeki miras hukuku kapsamındaki mülkiyet paylaşımları doğrultusunda, en yaygın olarak açılan davalardan biridir.
LITIGATION FOR THE DISSOLUTION OF JOINT OWNERSHIPS UNDER TURKISH LAW3rd August 2022 Litigation for the dissolution/elimination of joint ownership of properties, also called partition lawsuits (‘izale-i suyu davalari’ in Turkish), are type of cases that arise as a result of the will of any joint owner to dissolve the co-ownership status over a movable or immovable property subject to co-ownership or joint ownership without the need for a justified reason. This type of lawsuits are one of the most common in Turkey in line with the ownership shares within the scope of inheritance law. When the joint-owners “owners” wish to dissolve the existing joint ownership and actually share the property; they may choose to share it consensually by executing an agreement among themselves. However, if the agreement option is not possible, each of the owners has the right to ask for the division of such assets according to Article 698/1 of the Turkish Civil Code (TMK) No. 4721. Such right for seeking dissolution of joint ownership is inherent within the share and there is no threshold for ownership ratio in effect. Therefore, any shareholder in such sense could make the filing.
JURISDICTION ON MATRIMONIAL MATTERS AND PARENTAL RESPONSIBILITY MATTERS WITH FOREIGN ELEMENT UNDER EU LAW, POLISH LAW, AND TURKISH LAW2nd March 2022
EU Law, Council Regulation (EC) No 2201/2003The instrument that governs jurisdiction in matrimonial matters and parental responsibility in the EU Member States is the Council Regulation (EC) No 2201/2003 of November 27, 2003, concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility. The Regulation's ‘universality’ means that these provisions apply regardless of whether the spouses are nationals of an EU Member State or not.
VERTICAL AGREEMENTS AND GROUP EXEMPTIONS IN TURKISH COMPETITION LAW28th February 2022 The concept of competition is defined in doctrine as the relationship between enterprises that sell the same type of goods or services to a consumer group at the same time. In accordance with this definition, competition law could be possibly defined as a branch of law that includes regulatory, supervisory, and prohibitive norms to prevent competition violations in order to ensure economic efficiency, to create and maintain the free competition order in the goods and service markets, and to resolve competition violations.
DIFFERENCES BETWEEN TAXATION OF EMPLOYMENT COMPENSATIONS MADE THROUGH MUTUAL RESCISSION AGREEMENTS AND THROUGH MEDIATION24th February 2022
Mutual Rescission/Termination (Ikale) of Employment AgreementsMutual rescission or mutual termination agreement is an agreement that terminates the labor contract based on the mutual consent of the parties (ikale). Mutual rescission/termination agreement is not regulated under any specific law and in principle could be established in line with the freedom of contract principle and therefore the establishment and validity of the mutual rescission agreements are subject to the provisions of the Turkish Code of Obligations (“TCO”). Accordingly, when executing a mutual rescission/termination agreement, one of the parties shall explain to the other party its desire to terminate the labor contract, in other words, make an offer and the other party shall accept it. In Turkish law practice, mutual rescission/termination agreements are used for the termination of the employment contracts of employees who are eligible to the right of “reinstatement” within the scope of occupational safety regulations, and they are used to pay the compensatory rights subject to such possible reinstatement claims in advance.
WORK PERMITS & CITIZENSHIP BY INVESTMENT OPTIONS IN POLAND & IN TURKEY16th December 2021
Work Permits in Poland
Work permit exemptionsCitizens of the Member States of the European Union or the European Economic Area, as well as citizens of Switzerland - in contrast to citizens of so-called third countries - enjoy a special status in terms of the possibility to legally take up employment in Poland, which results from the freedom of movement of workers. The basic principles of the free movement of workers:
NEW POWERS OF THE OFFICE OF COMPETITION AND CONSUMER PROTECTION AUTHORITY OF POLAND14th October 2021 EU Regulation 2017/2394 of the European Parliament and of the EU Council regulation of December 12, 2017, on cooperation between national authorities responsible for the enforcement of consumer protection (and repealing Regulation (EC) No 2006/2004), obliged the Member States to modify their internal laws. The primary goal of the EU’s regulation mentioned above is to adapt regulations to the rapid development of technology in consumption environment. A proposal for the Amendment of the Act on Competition and Consumer Protection was introduced on September 23, 2020, to adapt Polish provisions to the EU laws. The amendment was not a civic project, but an initiative of the President of UOKiK. UOKiK is the Office of Competition and Consumer Protection in Poland. The Office is responsible for shaping antitrust policy and consumer protection. The legislative process of the amendment is currently pending and is expected to be finalized within 2022.
THE RIGHT OF ACCESS TO PERSONAL DATA BY INDIVIDUALS UNDER REGULATIONS OF THE EUROPEAN UNION, TURKEY, & SWITZERLAND12th October 2021 In the last three decades, the ongoing digital (r)evolution and the growth in (cross-border) flows of personal data among and between public and private actors have increased the need to safeguard the fundamental rights of individuals. As a result, laws protecting most notably the right to privacy have been enacted in the EU and beyond and although the contents may vary, such legislation typically saves the same purpose: to protect fundamental rights and freedoms of people with respect to the processing of personal data and to outline obligations, principles, and procedures for natural or legal persons who process such data.
Environmental Impact Assessment (EIA) In Turkish Environmental Laws24th June 2021
INTRODUCTIONEnvironmental Impact Assessment (EIA) is a principle developed on the idea that the use of resources spent to clean, repair and re-balance a polluted or destroyed environment after the fact, being less efficient than the use of resources spent for prevention of the negative impacts concerning the investments for development at the beginning.
Regarding the Regulation on Out of Office (Remote or Distant) Employment in Turkey15th March 2021
As per Article 14 of the Labor Law No. 4587 (Law), remote work (employment) shall be defined as an employment relationship based on the principle that the employee fulfills his/her work performance within the scope of the work organization created by the employer at home or outside the workplace utilizing technological communication. Regulation on Remote Work (Regulation) which set outs the procedures and principles for remote work that may be preferred at these times of Covid-19 pandemic by introducing more detailed provisions on remote work in comparison to already existing Article 14 of the Law is published and entered into force in the Official Gazette numbered 31419 as of March 10, 2021.
Obligation To Employ Or Contract A Lawyer On Continuous Basis For Joint Stock Companies In Turkey22nd March 2018
Joint-stock companies with a registered capital equal to 5 (five) times or more of the minimum amount stipulated in Article 272 of the Turkish Commercial Code and building cooperatives with a membership number of 100 (one-hundred) or more are obliged to have/employ a contracted lawyer. Legal entities failing to comply with the provisions of this paragraph will be penalized by public prosecutors with a fine in the gross amount of one month’s minimum wage, effective for workers in the industrial sector older than sixteen years of age on the date of the crime, for each month spent without a lawyer under contract.
Effects of State of Emergency Law in Turkey On Prison Sentences Under Criminal Execution Laws7th December 2017
With the Statutory Decree No.671 dated August 17, 2016, and the recent changes with Regulations No.29987 and No.29824 on Regulation Regarding an Amendment on Placement to Open Punishment Execution Facilities effecting execution of the Law No.5275 on Punishment Execution Law has introduced significant changes.
Mandatory Mediation System In Turkish Employment Disputes Between Employers And Employees31st October 2017
Law No. 7036 Code of Labor Courts (‘Law’) published in the Official Gazette No. 30221 dated October 25, 2017; introduced fundamental changes in the settlement of labor disputes and abrogated the previous law on the subject Law No. 5521. The radical changes implemented with the Law No. 7036 are summarized below.
Rightful Termination of Employment Contracts by Employees in Turkish Labor Law31st October 2017
The employees are entitled to terminate their employment contracts, whether the contract is for a definite or indefinite period, before its expiry or without having to observe specified notice periods in case of serious and important reasons determined in the Article 24 of the Labor Law No. 4857 (the “Labor Law”).
Amendments Of Period Of Appeals Of Turkish Court Decision Incivil And Criminal Justice Systems10th October 2017
Regional Courts of Appeals started to operate as from July 20, 2016 and the Turkish Legal System adopted one more instance to its two (2) instance system, being transformed to a three (3) stage system.
In the new system, Regional Courts of Appeals operates as second instance and the Supreme Court of Appeals is the third instance.
Non-delivery Pledges Over Movables27th July 2017
Law on Pledges over Movable Property in Commercial Transactions No. 6750 is published in the Official Gazette No. 29871 and dated October 28, 2016 and entered into force as of January 1, 2017. Law on Pledges over Movable Property in Commercial Transactions No. 6750 abolished the Commercial Enterprise Pledges Law No. 1447 and dated July 21, 1971 and introduced many new innovations to movable pledges. However, Commercial Enterprise Pledges Law No. 1447 will remain applicable for commercial enterprise pledges that are already established before 1 January 2017.
There are some similar implementations between immovable pledges (mortgages) in the Turkish Civil Code and non-delivery movable pledges in commercial transactions. The main purpose of this law could be stated as to increase the use of non-delivery movable pledge rights as assurance and facilitating the access to sources of financing for the Small Medium Enterprise’s (“SME”)
About The Turkish Law On Protection Of Personal Data3rd January 2017
Turkey adopted a new regulation for personal and private data protection.
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