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 […]
Amazon Turkey Decision and its implications on data transfers to third countries
The Turkish Personal Data Protection Board (“Board”) adopted a decision regarding Amazon Turkey at the beginning of this year, on the 27th of February (“Amazon Turkey Decision”). Amazon Turkey Decision has touched upon several issues regarding Turkish Data Protection Law but this article focuses only on the sections regarding transfer of personal data to third countries. […]
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 […]
Loss of Share Capital in Joint Stock Companies
The notion known as the “technical bankruptcy” which was regulated by Article 324 of the former Turkish Commercial Code No. 6762 (“Former Code“) is regulated within Article 376 of the new Turkish Commercial Code No.6102 (“New Code“). Pursuant to Article 324 of the Former Code, the board of directors had the duty to notify the […]