Companies and trading firms have to be intertwined with the law throughout their commercial life from their establishment. In the ever-changing and developing business world, companies are subject to very detailed legal provisions. Failure to comply with these laws has serious consequences. Companies enter into serious obligations under private law in their contracts with other legal entities. Serious harm can occur if the legal framework of contractual provisions is not properly defined. For this reason, it is inevitable that legal disputes will arise between both public and private legal entities, companies and commercial organizations. In such cases, it is extremely important to work with a company lawyer regularly to get effective and efficient legal support.
According to Turkish Law, Is There an Obligation to Have a Lawyer in Joint Stock Companies 2023?
With the provision added to the Attorneyship Law in 2008, joint stock companies with a capital of 250,000 TL or more are required to hire a lawyer. While companies not covered by the above provision are not required to benefit from legal advice, it would make sense to work with a company lawyer regularly due to the benefits outlined above.
Who is a Company Lawyer?
Company lawyers are individuals who advise companies and commercial enterprises for legal and potential problems related to trade and represent them in litigation disputes. In-house consultants are lawyers who specialize in employment law. In-house attorney anticipates legal issues that arise in litigation involving a company. It informs its clients during the writing and negotiation phase of contracts. It gives them the necessary legal protection. It helps to ensure justice by representing its clients before judicial authorities in matters such as lawsuits and enforcement proceedings.
Why Is Legal Advice to Companies So Necessary?
When companies regularly work with legal counsel, the preparation, negotiation and implementation of contracts establishing the legal relationship are usually handled by a single law firm. These applications enable the development of a company’s corporate memory. It is an indisputable fact that the company’s legal consultant, who follows the legal disputes faced by the company, will provide better legal protection in the documents and contracts he will prepare for similar lawsuits. With continuous legal work, the company and the law firm will have a better command of the legislation valid in the sector in which they operate. You will gain a better understanding of the motivations and true goals of the business entities doing business with the company, which will lead to more efficient contract negotiations. For all these reasons, regular use of legal consultancy services will both increase the efficiency of the company and prevent serious damages.
What Do Company Lawyers and Legal Advisers Do According to Turkish Law?
Legal advisors are people who provide legal services in the legal departments established within the public institution, prepare the in-house regulations and contract texts, and represent the institution during the litigation process. Sometimes lawyers who provide legal services to companies are also called legal counsel.
What Services Does Attorney Provide for Companies?
Preparation of the articles of association and follow-up of the transactions during the establishment process Answering all legal questions of the company representatives,
Filing the necessary lawsuits in the criminal courts of peace for the annulment of the criminal notices,
Preparation of protocols regarding the defense of employees, preparation of dismissal letters,
Responding to incoming warnings,
Participation in contract negotiations, if necessary
Preparation of confidentiality agreements and non-compete agreements,
Preparation of share transfer agreements and amendments to the Articles of Association,
Objection and cancellation cases against unlawful tax penalties. Giving warning and notice,
Preparation of instructions regarding the rules to be followed in the workplace
Giving information about the cases that may arise with preventive legal actions,
Employment contracts for personnel,
Carrying out necessary procedures for capital increase or decrease,
Preparation of in-house in-company directives and organizational chart,
Providing legal services in all kinds of lawsuits in which the company is a party, Initiating enforcement proceedings and taking necessary measures for the collection of receivables,
Preparation of necessary contracts in mergers and acquisitions of companies,
Revision and amendment of draft contracts,
Preparing the texts to be published in the Trade Registry Gazette and executing the necessary procedures,
Participation in conciliation and conciliation hearings,
Responding to wage liens,
Preparing the minutes of the board of directors and general assembly meetings,
In case of a legal service contract with the company lawyer, all the above services are provided by the contracted law firm for a fixed monthly fee. In case of separate contracts with lawyers for the above services, the company incurs very high fees. A much more efficient service can be provided at a much lower cost if a regular legal service contract is concluded with a corporate lawyer. For this reason, signing a legal service contract with a lawyer who is expert in corporate law is an extremely important step in the transition to corporate structure.