Bağ&Günen Law Office provides in general the following services to domestic and foreign companies within the scope of the Turkish Commercial Code and related legislation:
- Incorporation of company, liaison, and representative office, drafting the articles of association together with other necessary documents and following up the incorporation procedures,
- Following up and coordination of corporate procedures such as general and board meetings, share ledgers and certificates, pledges, etc.,
- Preparation of applications for administrative documents such as permits, licenses which may be required within the scope of the company’s operations and following up the procedure,
- Drafting, reviewing and negotiating contracts such as sale, lease, supply, franchise, dealership, credit, finance, pledge, etc., and preparation, reviewing and negotiating the security documents within the scope of the company’s operations,
- Drafting, reviewing and negotiating agreements such as joint venture and consortium,
- Undertaking procedures such as merger, demerger, acquisition, liquidation, and transfer of shares,
- Preparation of due diligence reports, drafting, reviewing, and negotiating share transfer and shareholder agreements for M&A proceedings,
- Providing consultancy and advocacy services for any legal matter that the companies may require together with enabling their access to the necessary expertise within technical fields such as tax, finance via our solution partners.
Bağ&Günen Law Office provides in general the following services to particularly its clients operating internationally within the scope of the Turkish Commercial Code and related legislation:
- Drafting, reviewing and negotiating contracts such as franchise, exclusive and non-exclusive distributorship, license and confidentiality agreements,
- Providing legal opinion on law of the country where the investment is planned to be made during the phase of market entry and setting up the most suitable legal framework,
- Providing legal opinion on incorporation of a company, liaison, and representative office in foreign countries and following up the incorporation procedures,
- Providing consultancy in relation Turkish and foreign law within the scope of the applicable law to disputes with foreign companies,
- Providing consultancy and advocacy services in relation to disputes on compensation, competition, etc., which may arise within the scope of Commercial Law.
Bağ&Günen Law Office provides in general the following services to domestic and foreign companies within the scope of the related legislation:
- Consultancy and advocacy services in relation to disputes such as cancellation decisions, nullity, infringement, pecuniary and non-pecuniary damages, competition which may arise from Trademark, Patent, and Design law,
- Within the scope of anti-counterfeit and anti-piracy procedures obtaining seizure, confiscation and destruction orders and following up criminal proceedings subsequently,
- Resolution of disputes on infringement of works, pecuniary and non-pecuniary damages, competition, etc., within the scope of Law on Intellectual Property Rights,
- Providing consultancy to investors in relation to Copyrights on Architectural Works, drafting, reviewing, and negotiating transfer of economic rights,
- Following up refutation and criminal proceedings within the scope of the Press Law.
Bağ&Günen Law Office provides consultancy and advocacy services in relation employment law such as drafting, reviewing and negotiating contracts of employment, consultancy on special circumstances such as transfer of workplace, change of employee and organization together with compliance to employment legislation.
Bağ&Günen Law Office provides the following services in general within the scope of Family Law:
- Advocacy services for contentious and uncontested divorce proceedings,
- Recognition and enforcement of foreign divorce decrees obtained by Turkish citizens residing abroad,
- Providing consultancy in relation matters such as marital property regimes, custody, guardianship, inheritance,
- Collection of maintenance (alimony) and compensation payments via enforcement offices and following up,
- Drafting and reviewing of contracts of separation of property.
Bağ&Günen Law Office provides consultancy and advocacy services to property owners, building and site managements and investment and real estate companies within the scope of urban renewal law from early investment phases to the end of the procedures.
Within the scope of real estate law the following legal consultancy services are provided to our clients in general:
- Drafting, reviewing and negotiating different types of construction contracts such as flat for land or land share, turn-key within the scope of the applicable legislation and client requests together with representation of clients during disputes arising from these contracts,
- Identifying the correct type of company for investment projects and drafting, reviewing and negotiating contracts such as joint venture, consortium,
- Drafting contracts such as preliminary agreements to sell and commercial leases within the scope of the activities of foreign and domestic companies and following up necessary procedures.
Bağ&Günen Law Office provides efficient and qualified services to its clients operating within the shipping area as defined below:
- Proceedings for registration and discharge of vessels,
- Drafting, reviewing and negotiating ship mortgage agreements and following up the procedures for registration of mortgages within Turkey and abroad,
- Enforcement of arrest of vessels and following up the subsequent procedures for collection of debts,
- Drafting, reviewing and negotiating contracts of carriage such as freight, bill of lading, charterparties and providing legal opinions within this scope,
- Drafting, reviewing and negotiating any kind of international contracts that may be used within the area of shipping,
- Loss and damages to the freight and collection of compensation arising from this,
- Legal consultancy and dispute resolution services within the scope of maritime insurance.
Bağ&Günen Law Office provides the following services in general to insurance and reinsurance companies, domestic and foreign companies, and real persons within the scope of insurance law:
- Advocacy services in relation to actions for debt and compensation and providing legal opinions with respect to these,
- Providing legal opinions in relation to technical matters such as fire and hull insurance and advocacy services,
- Disputes with regards to aviation and maritime insurance,
- Advocacy services for malpractice actions,
- Representation of clients during the procedures with the insurance companies for insuring their real estate, infrastructure, energy, tourism and healthcare investments and projects and providing legal opinions on insurance contracts.
Bağ&Günen Law Office provides the following services to its clients within the scope of the applicable legislation:
- Following up criminal complaint and case procedures in relation cyber-crimes and crimes such as defamation, threat which are committed via social media accounts,
- Obtaining the necessary permit and licenses within the telecommunication area and drafting, reviewing and negotiating the necessary contracts,
- Advocacy and consultancy services for removal of contents within the scope of the Law numbered 5651 regulating the publication on internet,
- Resolution of domain disputes before ICANN and procedures for transfer of domain.
Bağ&Günen Law Office provides the following services to companies and real persons which are deemed as a consumer pursuant to the applicable legislation:
- Providing consultancy to companies in terms of compliance to consumer law within the scope of their activities,
- Providing consultancy on standard contracts and the consumers’ rights within the scope of the Law on Protection of Consumers numbered 6502,
- Representation of clients before the consumer and commercial courts,
- Drafting and reviewing contracts in terms of compliance with the Law on Protection of Consumers numbered 6502.
In terms of administrative law Bağ&Günen Law Office provides consultancy services to real and legal persons for obtaining permits and licences within the scope of their activities and following up administrative applications together with the following services in general:
- Filing full remedy and annulment actions before the administrative courts,
- Drafting, reviewing and negotiating contracts that will be signed with administrative authorities,
- Consultancy and advocacy services in relation to annulment actions concerning investment projects,
- Consultancy and advocacy services in relation to disputes regarding public tender law.
Energy sector is essential in terms of both our country’s security of supply and decreasing our dependency to external resources. Within this scope following up the legislation which may be amended daily together with the decisions and communiques published by EMRA is a vital requirement for companies and investors in this area.
Bağ&Günen Law Office provides the following services in general to its clients from the electricity, petroleum, natural gas, LPG and renewable energy sectors:
- Preparation of the necessary documents for license application in terms of market-entry and following up the application procedure,
- Following up the company incorporation procedures within the scope of investment projects together with drafting the articles of association and similar documents in compliance with the applicable law,
- Drafting, reviewing and negotiating the necessary agreements such as facility, shareholder, agreements, EPC contracts.
- Making the necessary applications to administrative authorities such as EMRA and following up procedures,
- Monitoring legislation in terms of compliance to the regulated markets and consultancy within this scope,
- Consultancy services in relation to disputes between clients and administrative authorities and representation of clients before the administrative and tax courts.
Bağ&Günen Law Office provides services within the defined areas in terms of competition law:
- Reviewing and revising contracts such as joint venture, supply, exclusive distributorship, dealership, license in terms of competition law,
- Monitoring legislation and consultancy services for regulated sectors such as energy, telecommunications, tobacco, and alcohol,
- M&A notifications,
- Representation of clients during investigations for abuse and distortion of competition and litigation,
- In-company compliance and education programmes.
As a result of the magnitude reached by the e-commerce, the companies operating within this area is required to be aware of the applicable legislation in addition to standard code of obligations and commercial law. The establishment of a suitable legal framework and monitoring the primary and secondary legislation is especially for the companies providing goods and services to consumers.
Within the scope defined above, Bağ&Günen Law Office provides the following services to its clients operating within e-commerce area:
- Reviewing and revising the websites and contracts of sale of the companies providing goods and services via internet,
- Drafting, reviewing and negotiating contracts of companies that will be entered with third parties for e-commerce activities by taking into consideration the sector specific conditions and legislation.
Bağ&Günen Law Office provides services to its clients especially in terms of financial crimes, cybercrimes and disputes arising from occupational accidents.
Bağ&Günen Law Office represents its Clients during disputes that may arise in each of its practice areas before the courts of first instance, appeal courts and courts of arbitration. A high level of significance is given to case management to be able to conclude the disputes in an efficient and swift manner and cooperation may be made with reputable experts and academicians from IT, tax, real estate, finance, energy and similar areas to obtain expert opinions.
Bağ&Günen Law Office provides the following services to its clients within the scope of debt enforcement and bankruptcy law:
- Commencing execution and bankruptcy proceedings for collection of debt,
- Undertaking procedures for suspension of bankruptcy,
- Negative declaratory proceedings, actions for restitution and annulment of objection.
In Turkey, the constitutional amendment of 2010 provided a constitutional framework to the matter of protection of personal data and a clear and permanent legislation was attained with the Law on Protection of Personal Data (“the Law”) numbered 6698 which entered into force in 2016.
Apart from the exceptions regulated by the Law, the real and legal persons processing personal data of real persons have different obligations such as obtaining explicit consent, complying with the principles for processing data as detailed under the Law, informing and undertaking measures related to data safety, deleting, anonymizing or destroying personal data. In case of breach of these obligations administrative fines up to 1.000.000 TL may be imposed.
On the other hand, draft regulations were prepared with regards to registration to the registry and deleting personal data, which are expected to become effective soon.
For the reasons explained above, it is essential to complete the compliance procedures for legal persons such as companies, associations and foundations that are processing personal data of a large number of real persons.
We have closely followed the enactment of the Law and we provide consultancy services to our clients for compliance to the Law within the scope explained below:
- Determining which personal data are processed by which persons/departments for which purposes (i.e. personal files, client recordings, phone recordings, emails, etc.)
- Determining how and by which ways that personal data is obtained, how and for which period it is stored and to whom it is transferred and the level of compliance for these actions and preparation of in-company procedures.
- Determining whether the necessary notifications were made to the owners of personal data for processing and storing the personal data and preparation of the necessary documentation for notification/consent.
- Reviewing and revising the contracts that are signed with employees, clients and other third parties for compliance to the Law.
- Preparation of the necessary documentation for registration and undertaking the application procedure. (i.e., mandatory registration as data controller, determining the contact person, preparation of Policy on Retaining and Deleting Personal Data, determining maximum time, etc.)
- In-company trainings for compliance and updating all the related documentation.