Sunday, October 5, 2014

Obligation To Contract an In-house Lawyer in Société Anonym in Turkey


According to Turkish Law, a Societe anonym with a minimum share capital of 250,000 TL is obliged to contract a legal consultant.

According to Turkish Law, a societe anonym (which is an Anonim Şirket in Turkish/a joint stock company) should have a minimum share capital of 50,000-TL. The company is not allowed to have a lower share capital throughout its time of activity.

Anonim şirkets that have share capitals five times higher than this minimum amount are obliged to hire inhouse legal consultants as per Article 35 of Law Number 1136, which stipulates the provisions regarding the practice of lawyers/attorneys-at-law in Turkey.

With a simple calculation, it is clear that this regulation covers the Anonim Şirkets with share capitals higher than 250,000-TL. You can check the link of Central Bank of Turkey http://www.tcmb.gov.tr/wps/wcm/connect/tcmb+en/tcmb+en/main+page+site+area/today to see the exchange rates of currency.

Likewise, house-building societies (yapı kooperatifi in Turkish) which have 100 or more than 100 members are obliged to hire legal consultancy services as per the same regulation.

Upon any contrary action, the company shall be fined by Prosecuting Attorney for every month the company avoids hiring legal service; each monthly fine to be the sum of two monthly gross minimum wages. (Monthly gross minimum wage has been set as 1,134 TL for the second six months in Turkey. Please see the Relevant link in Turkish.