The standard M&A deal usually commences with the formalisation and signing of a letter of intent and a non-disclosure agreement. Following this, a data room is assembled in alignment with the buyer’s legal due diligence checklist. Concurrently, negotiations on transaction documents ensue, driven by insights gained through the due diligence process. For the buyer, the […]
TURKEY: Comparative M&A Guide
In the dynamic landscape of global business, mergers and acquisitions (M&A) play a pivotal role in shaping the economic trajectory of nations. This comprehensive guide delves into the intricacies of Turkey’s M&A landscape, providing a comparative analysis that illuminates the legal dimensions of transactions within the country. Deal Structure 1- How are private M&A transactions […]
ESG Factors and the Impact of ESG on M&A’s In Turkey
The term ESG, an abbreviation of “environment,” “social,” and “governance,” was first introduced as a concept in 2004 in the United Nations report titled “Who Cares Wins” (WCW Report). “Who Cares Wins” originated as an initiative (WCW Initiative) launched in collaboration with the United Nations and the Swiss government, with the support of 23 financial […]
Transfer Rules for Employment Contracts Under A Share or An Asset Deal In Turkey
What happens to employees when a company is sold? Are employees automatically transferred to the new owner, or are they terminated? Do the same rules apply in the case of a share deal and an asset deal? These are all reasonable and predictable questions that potential buyers and sellers might ask. In this article, we […]
Best Practices For Clickwrap Agreements
Clickwrap agreements are online agreements where users agree to the terms by clicking a button. Clicking a button expressing consent is deemed to be acceptance of the terms of the agreement. The most common examples of clickwrap agreements are website terms of use of websites and end-user licences for Services as a Software (SAAS) and […]
Joint Stock Companies Under Turkish Commercial Law
Joint stock companies (“JSC”) incorporated in Turkey are called “anonim şirket”/ “A.Ş.” and they are regulated by the Turkish Commercial Law. JSCs are companies with a liability limited to their assets. Incorporation A JSC can be incorporated with one or more shareholders, that can be either real persons or legal entities. Shareholders of a JSC are only liable […]