BUSINESS LAW SEMINAR. I- TYPES OF EMPLOYMENT II- LEGAL CORPORATIONS and PARTNERSHIPS III- LEGAL ISSUES FOR PROFESSIONALS.

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Presentation transcript:

BUSINESS LAW SEMINAR

I- TYPES OF EMPLOYMENT II- LEGAL CORPORATIONS and PARTNERSHIPS III- LEGAL ISSUES FOR PROFESSIONALS

FUNDAMENTAL SOURCE OF TURKISH COMMERCIAL LAW  Current Turkish Commercial Code (6102) came into force on 1 July 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  MERCHANT a) Real (natural) person merchant who actively operates a commercial enterprise wholly or partly under his/her own name. b) Legal person merchant 1. All business associations 2. Societies and foundations which operate a commercial enterprise 3. 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 PARTNERSHIPS 1. General partnerships 2. Partnership with limited liability  CAPITAL ASSOCIATIONS/CORPORATIONS 1. Joint stock companies (Inc.) 2. Limited Liability Companies 3. Partnerships whose capital is divided into shares

 CO-OPERATIVE PARTNERSHIPS The 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 INTERMEDIARIES 1. Broker (TCO) 2. Agency (TCC) 3. Commissioner (TCO)  DEPENDENT INTERMEDIARIES (TCO) 1. Commercial representatives (alter ego) 2. Commercial deputy 3. Other merchant intermediaries (marketing staff/marketer, personnel e.t.c.)

PROFESSIONAL INDEMNITY INSURANCE  Liability Insurance (Voluntary-Compulsory) Employer Liability Insurance Professional Liability Insurance Medical Doctor Professional Liability Insurance Clause Professional Liability Insurance Clauses for Accountants and Insurance Agencies D&Os Liability Insurance