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Removal and Withdrawal of Shareholders in a Limited Liability Company

Removal and Withdrawal of Shareholders in a Limited Liability Company

Under Turkish law, the withdrawal or removal of a shareholder from a limited liability company does not occur merely because there is a dispute between the shareholders. For both procedures, the applicable statutory provisions, the articles of association, general assembly resolutions, and, where necessary, court proceedings must be taken into consideration. Therefore, it should not be assumed that a shareholder can withdraw from the company or be removed simply by submitting a resignation letter, adopting a shareholders’ resolution, or sending a notarized notice. For the transaction to be legally valid, it is important to determine the procedure appropriate to the circumstances of the case, examine the applicable decision-making quorums, calculate the separation payment (squeeze-out/withdrawal compensation), and properly complete the relevant trade registry procedures. This article explains the ways in which a shareholder of a limited liability company may withdraw from the company, the circumstances under which a shareholder may be removed, actions for withdrawal for just cause, legal remedies against a removal decision, and matters concerning the separation p..

What Is the Crime of Causing Zoning Pollution Under Article 184 of the Turkish Penal Code?

What Is the Crime of Causing Zoning Pollution Under Article 184 of the Turkish Penal Code?

As Uzunpınar & Tüfek International Law Office, we provide comprehensive legal consultancy and representation services in disputes arising at the intersection of criminal law and zoning and urban planning regulations. The offense of causing zoning pollution (violation of zoning regulations), which is frequently encountered in practice, may lead to serious criminal consequences for property owners, developers, contractors, and other parties involved in construction activities carried out without a permit or in violation of the approved building permit. Determining whether the offense has been committed requires a careful assessment of several factors, including the legal definition of a building, the status of construction and occupancy permits, the zoning characteristics of the relevant area, the applicability of effective remorse provisions, and the case law established by the Court of Cassation (Yargıtay). In this article, we examine in detail the elements of the offense regulated under Article 184 of the Turkish Penal Code, the concepts of perpetrator and victim, the scope of the offense, applicable sanctions, effective remorse provisions, and the circumstances under which th..

What is an Inheritance Contract? How is it Made? Validity Requirements and Annulment

What is an Inheritance Contract? How is it Made? Validity Requirements and Annulment

An inheritance contract is a specific legal transaction through which the deceased regulates the disposition of their estate to take effect after death by means of a mutual and binding agreement, rather than a unilateral declaration of intent...

The Situation of Condominium Owners Who Cannot Reach an Agreement with the Contractor Within the Scope of the Urban Transformation Law

The Situation of Condominium Owners Who Cannot Reach an Agreement with the Contractor Within the Scope of the Urban Transformation Law

In renewal processes carried out within the scope of the Urban Transformation Law, the inability of condominium owners to reach an agreement with the contractor constitutes one of the significant areas of dispute frequently encountered in practice. Particularly after the determination of a risky building, the failure to achieve consensus between the parties raises questions regarding how the process will proceed and how rights will be protected. For this reason, in cases where an agreement with the contractor cannot be reached, the legal position of condominium owners and the legal remedies available to them must be carefully evaluated within the framework of the Law...

Fraudulent Inheritance Lawsuit

Fraudulent Inheritance Lawsuit

Fraudulent inheritance (muris muvazaası) lawsuits are of great importance within inheritance law for protecting the rights of heirs. These lawsuits aim to determine when the deceased’s assets were disposed of contrary to their true intent and to render transactions that resulted in unjust enrichment invalid. As Uzunpınar & Tüfek International Law Firm, our experienced team carefully manages every stage of the legal process in fraudulent inheritance lawsuits, ensuring that your heirs’ rights are fully protected...

Acquiring Citizenship Through Marriage

Acquiring Citizenship Through Marriage

The acquisition of Turkish citizenship through marriage is a process that is possible not only by the establishment of the marital union, but also by the evaluation of the authenticity and continuity of the marriage within the framework of legal criteria. In the examinations to be carried out by the administration, in addition to formal requirements, whether the marriage actually continues and whether there is any situation contrary to public order are also taken into consideration. In this respect, acquisition of citizenship through marriage stands out as a field that requires care and diligence, and that must be addressed together with its administrative and legal dimensions...

Urban Transformation Law

Urban Transformation Law

  Urban transformation law is a specialized branch of law that regulates the legal relationships arising in the processes of identifying, evacuating, demolishing, and reconstructing buildings at risk of disasters..

Real Estate Law

Real Estate Law

  Real estate law is the branch of law that covers all transactions related to immovable properties such as land, plots, residences, and commercial properties, as well as the disputes that may arise from these transactions...