ADMD/Mavioglu & Alkan Law Office > Istanbul, Turkey > Firm Profile

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.

Interviews

Orhan Yavuz Mavioglu, Managing Partner

With 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.

Spotlights

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.

Legal Developments

TÜRK HUKUKUNDA ORTAKLIĞIN GİDERİLMESİ İZALE-İ ŞÜYU DAVALARI

LITIGATION FOR THE DISSOLUTION OF JOINT OWNERSHIPS UNDER TURKISH LAW

JURISDICTION ON MATRIMONIAL MATTERS AND PARENTAL RESPONSIBILITY MATTERS WITH FOREIGN ELEMENT UNDER EU LAW, POLISH LAW, AND TURKISH LAW

EU Law, Council Regulation (EC) No 2201/2003

VERTICAL AGREEMENTS AND GROUP EXEMPTIONS IN TURKISH COMPETITION LAW

DIFFERENCES BETWEEN TAXATION OF EMPLOYMENT COMPENSATIONS MADE THROUGH MUTUAL RESCISSION AGREEMENTS AND THROUGH MEDIATION

Mutual Rescission/Termination (Ikale) of Employment Agreements

WORK PERMITS & CITIZENSHIP BY INVESTMENT OPTIONS IN POLAND & IN TURKEY

Work Permits in Poland

Work permit exemptions

NEW POWERS OF THE OFFICE OF COMPETITION AND CONSUMER PROTECTION AUTHORITY OF POLAND

THE RIGHT OF ACCESS TO PERSONAL DATA BY INDIVIDUALS UNDER REGULATIONS OF THE EUROPEAN UNION, TURKEY, & SWITZERLAND

Environmental Impact Assessment (EIA) In Turkish Environmental Laws

INTRODUCTION

Regarding the Regulation on Out of Office (Remote or Distant) Employment in Turkey

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 Turkey

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 Laws

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 Employees

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 Law

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 Systems

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 Movables

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 Data

Turkey adopted a new regulation for personal and private data protection. 

Comparative Guides

• Turkey: Tax Disputes

  Published: October 2022

  Authors: Orhan Yavuz Mavioglu Alara Baykal

  This country-specific Q&A provides an overview to Tax Disputes laws and regulations that may occur in Turkey.