ARCH 45227 MARCH 2014İUE D021

BUSINESS LAW SEMINAR

I- TYPES OF EMPLOYMENTII- LEGAL CORPORATIONS and PARTNERSHIPSIII- LEGAL ISSUES FOR PROFESSIONALS

FUNDAMENTAL SOURCE OF TURKISH COMMERCIAL LAW Current Turkish Commercial Code

(6102) came into force on 1 July 2012. It consists of six Books, as;

Book One; «Commercial Enterprise»Book Two; «Corporate Law»Book Three; «Negotiable Instruments»Book Four; «Transport Business»Book Five; «Maritime Law»Book Six; «Insurance Law»

According to Article 1 of TCC, the TCC is an integral part of the Turkish Civil Code. Therefore, in the field of Commercial Law relevant provisions of the Turkish Civil Code and Turkish Code of Obligations will be applicable as lex generalis, when needed. There are many specific statutes (lex specialis), such as «Law on Cheques», «Capital Market Law», «Law Regulating the Interest Rates», «Law Preventing Unfair Competition» and «Insurance Law».

I- TYPES OF EMPLOYMENT

MERCHANTa) Real (natural) person merchant who

actively operates a commercial enterprise wholly or partly under his/her own name.

b) Legal person merchant1. All business associations2. Societies and foundations which

operate a commercial enterprise3. Organisations and institutions

founded by public bodies such as the State, province or municipality.

Holding enterprise Association of shipowners

BUSINESS ASSOCIATIONS

ORDINARY PARTNERSHIP is regulated in Turkish Code of Obligations. It doesn’t have legal personality, but its partners are accepted as merchants.

COMMERCIAL PARTNERSHIPS are regulated by TCC. They have legal personality and they are legal person merchants.

COMMERCIAL PARTNERSHIPS

PERSONAL PARTNERSHIPS1. General partnerships2. Partnership with limited

liability CAPITAL

ASSOCIATIONS/CORPORATIONS1. Joint stock companies (Inc.)2. Limited Liability Companies3. Partnerships whose capital is

divided into shares

CO-OPERATIVE PARTNERSHIPSThe aim of this type of

partnership is to secure by mutual assistance and support the common economic advantage and interests of the partners.

MERCHANT INTERMEDIARIES

INDEPENDENT INTERMEDIARIES1. Broker (TCO)2. Agency (TCC)3. Commissioner (TCO)

DEPENDENT INTERMEDIARIES (TCO)1. Commercial representatives (alter

ego)2. Commercial deputy3. Other merchant intermediaries (marketing staff/marketer, personnel

e.t.c.)

PROFESSIONAL INDEMNITY INSURANCE Liability Insurance (Voluntary-

Compulsory)Employer Liability InsuranceProfessional Liability InsuranceMedical Doctor Professional Liability Insurance ClauseProfessional Liability Insurance

Clauses for Accountants and Insurance Agencies

D&Os Liability Insurance