Loading...

expertise

OUR LEGAL SERVICES and OUR CONSULTATION SERVICES

    OUR LEGAL SERVICES

    OUR CONSULTATION SERVICES

      COMMERCIAL LAW

      We have a deep understanding of how businesses work and understand the key business drivers applicable to our clients’ sectors. This enables us to guide our clients through the entire lifecycle of their business, providing practical legal solutions to practical business challenges.

      Clients come to us to act not only as expert technical lawyers but as ‘trusted advisors’ who support the business as a whole and help them to achieve their objectives. We provide solutions rather than simply identifying problems.

      Turkey has become an important center for foreign investors thanks to the economic stability and market capacity owned in Turkey after the 2000s. With developing and integrating World Economy, the amount of foreign capital in Turkey is increasing with each passing day as well as the types of activities that are carried out in Turkey by foreign investors and companies are diversifying in parallel with such increase. In this context, foreign investors are operating in many areas of activity from automotive industry to cosmetics, from construction sector to IT sector through the companies established by themselves or partnerships that they have established in Turkey. As a result of all these positive developments, legal changes have been made so as to simplify and accelerate the commercial life in Turkey as far as possible.

      We provide advice to foreign investors to develop strategies for operating in Turkey under the most suitable corporate structure. We also assist our clients on every stage of incorporation, business and company formation in Turkey.
      Our assistance includes:

      • Legal and strategic advice on investment in Turkey,
      • Company & Business Formation in Turkey,
      • Advising on the merits of Turkish Business Law,
      • Drafting the Articles of Association (Incorporation) and assistance throughout the incorporation process,
      • Drafting all other documents required for the incorporation,
      • Arranging Notary procedures and certified translations,
      • Assistance on the location of the headquarters,
      • Setting up an international bank account
      • Assistance on the appointment of the certified accountant.

       

CONTRACTS LAW

Undoubtedly, commercial contract is one of the most valuable instruments which should ensure commercial life to continue without any problem. The most important factor for both domestic and also foreign investors to reach determined goals is the purchase of goods or services that they provide by the customers. Such dealing is based on the customer requirements and meeting such requirements by the supplier as requested. 

In this context, stating wills and requirements of the parties obviously, determining potential conflict issues in advance correctly, and resolving them before problem occurs is undoubtedly of great importance in the commercial life. Accurate evaluation and resolution of such issues can be possible with the commercial contracts to be prepared with due care.

We provide the services in many branches of commercial law for our Clients. Law of Contracts is one of the most important branches, in this context, we provide the services for our Clients in preparation of contract types in compliance with requirements of commercial life such as Sales Contracts, Supply Contracts, Production Contracts, Contracts of Work, Commercial Leases, Terms and Conditions, Commission Agreements, Consortium Agreements, Ordinary Partnership Agreements, Joint Venture Agreements, Construction Contracts, Confidentiality and Non-Compete agreements and provision of consultacy during negotiation of such contracts between the parties.

 

COMPETITION LAW

Our focus is always on delivering advice to you which is practical and commercial without sacrificing accuracy. To us, delivering projects on time and within budget form a core part of our client service offering. Working with us feels collaborative: we work with you, not for you.

  • Bringing into action and following-up the demands for material and moral indemnities resulting from breaches of contract,
  • Bringing into action and following-up the demands for material and moral indemnities resulting from such criminal actions as "insult" and "calumny" regulated within the Criminal Law,
  • Bringing into action and following-up the demands for material and moral indemnities arising from traffic accidents,
  • Bringing into action and following-up the demands for material and moral indemnities resulting from wrongful actions,
  • Services in the sphere of such issues as taking legal actions against natural and legal persons, who are responsible for actions, which give the right to demand material and/or moral indemnity.

.

 

DISPUTE RESOLUTION

We become involved in potential disputes from the very earliest stage and we can assess risk, alone or with other professional advisers, enabling us to provide clients with early advice in confidence which can lead to the avoidance of costly litigation. 
We have the experience and depth of knowledge to manage and resolve your cases efficiently and effectively with as little disruption and cost to your business as possible.
.

FRANCHISING

We provide our clients with legal advice wherever they need us. We work with our clients to determine the most effective expansion strategies both within their domestic markets and internationally, advising on:

• Franchising
• Licensing
• Distribution
• Agency 

.

.

PUBLİC PROJESTS AND PROCUREMENT kamu

We understand our cliens objectives and support them in obtaining the results that they need, within timescale and to budget. Delivering these solutions, and robust advice (rooted in commercial reality) within pressured time and cost constraints, sets us apart from other firms.

We offer in-depth practical experience, creative solutions to challenges and a fee model that delivers transparency.

 

LABOUR AND EMPLOYMENT LAW

Undoubtedly, labor force is one of the most crucial elements of the economic life. Labour law is an area regulated in a very detailed manner by laws, regulations and communiqués in Turkey. Current problems and issues, which are not regulated certainly by the law, are regulated by prejudications of the Supreme Court. Many new regulations are imposed in the area of labour law as well as in many areas in Turkey and responsibilities and obligations of the employers are increased with each passing day. 

While foreign investors start to operate in Turkey, one of the most important issues is the establishment of the business relationship between the company and employees properly. Determination to be made properly in many areas such as job descriptions, premium payments, mutual obligations, termination of contract shall eliminate more easily many problems, which are likely to arise in the future. 

We assist our clients for preparing and drafting contracts relating to any labor documents as well as contracts between trade unions and employers. NMO Law provides legal services including but not limited to legal opinions and analysis on the following matters related to Labor Law;

  • Employee rights,
  • Employment, non-competition and other related contracts,
  • Occupational safety & health,
  • Active participation in negotiations with trade unions and formation of relevant agreements,
  • Pension and benefits,
  • Severance and notice pays,
  • Wrongful termination,
  • Legal representation before competent labor courts, restructuration and taking over of workplaces

 

YACHTING & SHIPPING LAW

As it is known, Fethiye and Göcek has become one of the leading cities in the world in terms of construction of ship and yacht as a result of both economic and high quality labor and also, substantial investments. Shipyards located in notably Fethiye, Göcek, Antalya and other provinces provide services in connection with construction of all kinds of yachts to the foreign customers. 

Upon this economic development, necessary regulations have been made in the Turkish Commercial Code and relevant official record and registration systems have been become in good working order. 

Foreign customers need the legal advice in connection with the issues such as transfer of ownership of the yacht for which they have already started to make payments but which is still under construction, protection against third party claims, guaranteeing the money that has been paid, performance of necessary registration procedures. 

We provide the services for its clients on the side of shipyard or employer from time to time in connection with the issues such as preparation of agreements regulating the relationships between the parties, taking and organizing the necessary guarantees, performance of necessary registration procedures.

Legal advices provided to our clients covers the non-contentious shipping transactions including ship finance and leasing transactions, corporate structures for ship ownership and joint ventures, complex structured financings, ship sale and purchase, ship construction, ship and securities including mortgage registration.

 Following Practices;

  • Purchase and sale transactions on behalf of our clients,
  • Negotiation of purchase agreements with manufacturers,
  • Process Agency,
  • Ship arrest and release procedure in Turkey and also in foreign jurisdictions,
  • Sale and purchase of ships,
  • Ship registration,
  • Contracts for the construction, conversion and repair of ships,
  • Drafting and negotiating shipping related contracts,
  • Carriage of goods,
  • Passengers claims,
  • General average,
  • Marine insurance,
  • Turkish maritime claims,
  • Shipping Litigation in Turkey,
  • Advising on European maritime claims in Europe.
  • Yacht Chartering

 

,

CRIMINAL LAW

Criminal Law is a branch of law defining actions determined as a crime within the social life and penalties to be imposed in case of such acts.We offer the following services;

  • The defense of an accused person within the frame of the criminal case,
  • Full protection of all rights of the aggrieved party through participating in the criminal case opened in the name of crime victims.

 

.

LANDLORD AND TENANT LAW

We have experience in all areas of landlord and tenant law, advising individuals, companies and leisure and retail occupiers on every aspect of a property transaction whether commercial or residential.

We regularly advise on acquisitions, disposals and restructuring, site assembly for development, including advice on planning and environmental issues. Naturally, we also advise on the day-to-day to our clients including tenancy agreement renewals and landlord consents and licences. We also offer clear guidance to both owners and occupiers on their options in situations of insolvency.

 

 

DEBT COLLECTION & EXECUTION PROCEEDING

We provide prompt, efficient, simple and cost-effective solutions to our clients for all debt collection needs against individuals and entities. As experienced Turkish lawyers, we proactively assist and act on behalf of our clients on debt collection matters in Turkey.

The debt recovery process in Turkey usually covers these stages:

  • Pre-trial proceedings: including sending official notifications/demand letters to the debtor and fulfilling all the necessary formalities before the eventual trial is commenced.
  • Representation during trial process. In situation where the debtor does not willingly return the debt, we are able to provide representation during trial before Turkish Courts.
  • Post-trial proceedings. This includes any possible steps necessary to the enforcement of favourable decision issued by the Turkish Courts related to the actual recuperation of the debt.
  • We act for clients on debt collection and related matters which includes major corporations, international banks, insurers, company liquidators, bankruptcy trustees and directors.

Our debt collection services include:

  • Claiming before all court jurisdictions,
  • Striking out of unmeritorious defenses,
  • Large scale commercial recoveries,
  • Outstanding debt matters, from the initial letters of demand to handling bankruptcy actions against individuals/entities,
  • Issuing enforcement proceedings to recover debts,
  • Issuing creditors' statutory demands for the payment of debts,
  • Issuing Bankruptcy Notices and subsequent sequestration proceedings and Warrants of Execution,
  • Negotiating commercial resolutions to disputes involving debts.
  • Providing legal opinions and consultations,
  • Applying for exequaturs in Turkey in order to execute either the orders of foreign courts or awards of foreign arbitration.

 

FAMILY LAW

Family, which constitutes the core of the society, is a very important union within the social life. Family Law, especially issued by the Civil Code, brings solutions for many legal problems, which can be experienced in family life.

Within the scope of Family Law, NMO Law offers advocacy services on the following issues;

  • Contested and uncontested divorce suits,
  • Guardianship and alimony cases,
  • Introduction and recognition of divorce decisions given by courts of foreign countries,
  • Alimony cases,
  • Paternity suits,
  • Suits on rejection of paternity,
  • Advocacy services in the process of preparation of premarital property agreements

 

.

INHERITANCE LAW

Inheritance Law is a branch of law regulating the rules of sharing properties left by a deceased person and called heritage.

Within the scope of the Inheritance Law, NMO Law renders services on the following suits and issues;

  • Claims for taking final court decision on heirship,
  • Recognition and approval of final court decisions on heirship taken by courts of foreign countries,
  • Making declarations about legacy transfer and termination of tax relations,
  • Transfer of property to the inheritors determined in the final court decision on heirship,
  • Suits on the cancellation of joint ownership,
  • Drawing up a will,
  • All other procedures related to the Inheritance Law.

 

 

OUR CONSULTATION SERVICES

CONSULTANCY FOR COMPANIES

Consultancy in Commercial Law has become one of the services of NMO Law to the positive developments in Turkish commercial life and increasing legal advice requirements of foreign investors. In this context, consultancy services related to activity planned before investment are provided to foreign investors by NMO Law, and as a result of the examinations, it is considered in which legal structure such activity should be conducted. We provide the services such as legal counsel, establishment of determined legal structure, establishment of company, branch, joint venture or ordinary partnership, preparation of related deeds of partnership, obtaining required permissions and licenses before activity from related Ministries and other public institutions, providing legal advice for foreign investors when they participate in the tenders organized by public institutions of the Republic of Turkey, representation of foreign companies in the negotiations before intercompany commercial activities, amicable settlement of disputes arising between companies, representation of the companies before judicial authorities in case of commercial disputes which are not possible to be settled amicably.

 

 

CONSULTANCY FOR IMMIGRATIONS

At NMO Law, we counsel corporations, start-up businesses and entrepreneurial individuals regarding Turkish and global immigration.
Our services includes;

  • Advising on obtaining residency & working permits in Turkey
  • Assisting on obtaining residency & working permits in Turkey
  • Recruitment advice

Work Permit and Residence Permit In Turkey

In order to work in Turkey, foreigners should obtain a working visa or have a six month valid Turkish Resident Permit. In addition to this, they will also need to get a working permit. According the 6458 Law On Foreigners and International Protection has introduced four (6) types of work permits. According to Turkish legislation, before applying for a visa to work in Turkey as an administrative or technical employee, an expatriate must first obtain a work permit. For this work permit it is necessary to establish that the applicant has adequate technical and/or administrative knowledge.
Residence permit types ARTICLE 30 – (1) Types of residence permits are the listed below:

  • short-term residence permit
  • family residence permit
  • student residence permit
  • long-term residence permit
  • humanitarian residence permit
  • victim of human trafficking residence permit.

At Permit in Turkey we know how difficult it can be for foreigners to navigate this application system, that is why we provide full service to our clients 
through the complete process of applying for and receiving the residence permit.

 

REAL ESTATE CONSULTANCY

Real estate rely on our technical expertise, we never forget that legal skills are only a means to an end. Our focus is always on getting the deal done, on protecting our clients’ interests and on bringing clarity, calm and perspective to every situation.
We provide expertise in all of the following:

  • Real Estate Investment
  • Real Estate Finance
  • Real Estate Funds
  • Real Estate Tax
  • Real Estate Dispute Resolution
  • Real Estate Insolvency
  • Construction
  • Environmental and Planning.

 

 

WILLS AND ESTATE PLANNING

When someone dies you need to find the Will, if there is one.  You may not know if there was one or you have found a copy of a Will but do not know whether that Will has been replaced with a later one, or where the original Will is.
How we can help;

  • Consider if you need a Will at all
  • Take instructions on what you want your Will to do and then examine in detail whether what you want is possible, practical, the likely consequences and alternative solutions
  • Draw up your Will putting into effect your particular wishes after taking into account the above
  • Discuss and test your capacity to make a Will
  • Advise on possible claims and challenges to the Will
  • Advise on the selection of executors, trustees and guardians for minor children
  • Agree to be appointed as your executors
  • Advise you on the current inheritance Tax liability
  • Suggest ways that you can reduce or avoid this liability and the possible benefits and disadvantages of each method
  • Advise on trusts in the Will for spouses, minor children, adult children under and over 25, persons under a disability and tax efficient trusts
  • Help to locate a missing Will, or take the necessary steps to prove that all reasonable efforts have been made to locate the Will.
  • Determining who are the appropriate persons to be appointed as the Administrators if there is no Will.

.

 

FOREIGN INVESTMENT

nvestors make comprehensive researches in terms of both financial and legal aspects of the current conditions of the markets in which they plan to operate before taking any steps in these markets. In the event that these researches and evaluations are resulted positively, it is decided to make investments and necessary actions are taken. NMO Law provides the services for the foreign investors at all stages of planned investment including research and evaluation process before initiating activities in Turkey. 

These services include preparation of preliminary investigation reports, performing researches on legislation specific to related sectors, establishment of the legal structure determined according to type of activity to displayed in Turkey basically, establishment of company, branch, liason office, business partnership and joint venture, obtaining required permissions, licenses and authorizations from related competent authorities, providing all kinds of legal advices required by the company during its activities, preparation of commercial contracts, arrangement of relationship between the company and its employees, preparation of employment contracts.