Expert Legal Support for Tenants in TurkeyUnderstanding your rights as a tenant in Turkey is essential to ensure a fair and lawful rental experience. Turkish tenancy laws protect tenants in various aspects, including rent adjustments, maintenance responsibilities, and security deposits. At Bayraktar Law Firm, we provide comprehensive legal consultancy to help foreign tenants understand and enforce their rights.
Key Rights of Tenants in Turkey<ol><li data-list="bullet" class="ql-align-justify">Protection Against Unlawful Evictions: Tenants cannot be evicted without legal justification and proper notice.</li><li data-list="bullet" class="ql-align-justify">Rent Control and Adjustments: Landlords must adhere to legal limits on rent increases.</li><li data-list="bullet" class="ql-align-justify">Right to Habitability: Tenants have the right to live in a safe and well-maintained property.</li><li data-list="bullet" class="ql-align-justify">Deposit Recovery: Landlords must return security deposits unless there are valid deductions for damages or unpaid rent.</li><li data-list="bullet" class="ql-align-justify">Termination and Renewal Rights: Tenants are entitled to clear terms regarding lease termination and renewal.</li></ol>
Our Legal Services for Tenants<ol><li data-list="bullet" class="ql-align-justify">Rights Education: We provide detailed guidance on tenants’ rights under Turkish tenancy laws.</li><li data-list="bullet" class="ql-align-justify">Lease Agreement Review: Ensuring your rental contract complies with legal standards and safeguards your rights.</li><li data-list="bullet" class="ql-align-justify">Dispute Resolution: Representing tenants in resolving conflicts with landlords over repairs, deposits, or other issues.</li><li data-list="bullet" class="ql-align-justify">Eviction Defense: Legal representation to protect against unlawful eviction attempts.</li><li data-list="bullet" class="ql-align-justify">Rent Increase Challenges: Assistance in disputing unfair or illegal rent hikes.</li></ol>
Why Choose Bayraktar Law Firm?With extensive experience in <a href="https://bayraktarattys.com/service/rental-contracts" rel="noopener noreferrer" target="_blank">Turkish rental law</a> and a focus on serving foreign clients, we ensure your rights as a tenant are upheld. Our team is dedicated to providing transparent and reliable legal solutions.
Contact Us If you have questions about your rights as a tenant in Turkey or need legal support, <a href="https://bayraktarattys.com/" rel="noopener noreferrer" target="_blank">Bayraktar Law Firm</a> is here to help. Contact us today for professional and <a href="https://bayraktarattys.com/services" rel="noopener noreferrer" target="_blank">personalized legal assistance</a>.

2024-12-19

Rights of Tenants in Turkey

Learn your legal rights as a tenant in Turkey, including eviction rules, rent increases, deposit returns, and lease protections.

In Turkey, foreign nationals who have deficiencies in their documents, have been involved in a crime, or have not completed the necessary legal requirements such as residence (ikamet) permits and work permits within the prescribed period, may face a deportation decision. 



However, according to the provisions of the Law on Foreigners and International Protection (Law No. 6458), deportation decisions cannot be immediately enforced. 



The reason for this is that there is an open appeal process against the decision, and correspondence with the relevant states for the return must be completed. 



During these procedures, if there is a suspicion of escape or in cases listed in Article 57 of the relevant law, an administrative detention decision is made and the foreign nationals are hosted in Removal Centers established under the Directorate General of Migration Management.



Not all individuals who are given a deportation decision are subject to administrative detention. If an administrative detention decision is not made in the event of a deportation decision, the foreign national does not have to spend this process in the Removal Center.



<h2 class="wp-block-heading">Article 57/2:</h2>



Those who are subject to a deportation decision and are at risk of escape or disappearance, violate the rules of entry or exit to Turkey, use false or fraudulent documents, do not leave Turkey within the time granted without an acceptable excuse, pose a threat to public order, public security, or public health are subject to an administrative detention decision by the governor&#8217;s office. 



Foreign nationals who are subject to an administrative detention decision are taken to the removal centers within forty-eight hours by the law enforcement unit that makes the apprehension.



<h2 class="wp-block-heading">Competent and Authorized Court in Reviewing Administrative Detention Decision</h2>



After the administrative detention decision is made, the foreign national or their legal representative can appeal the decision without being subject to any time limit. 



The evaluation of the objection to the Administrative Detention Decision is the responsibility of the Criminal Judgeships of Peace. The Criminal Judgeship of Peace within the boundaries of the relevant Governor&#8217;s Office that issued the decision is also authorized. 



For example, the place and competent court to appeal against the administrative detention decision issued by the Kocaeli Governor&#8217;s Office is the Kocaeli Criminal Judgeship of Peace. 



It should be noted that if the objection petition against the administrative detention decision is submitted to the administrative court or the administration, it will be forwarded to the relevant Criminal Judgeship of Peace. 



By using the Sample Objection Petition to the Administrative Detention Decision, you can make your applications most effectively and quickly, avoiding loss of rights.



<h2 class="wp-block-heading">Where is the Foreign National Taken After the Administrative Detention Decision?</h2>



In Turkey, Removal Centers affiliated with the Directorate General of Migration Management have been established to accommodate foreign nationals after administrative detention decisions. 



These centers are not present in every province. Therefore, if the conditions of the removal center closest to the governor&#8217;s office that Issued the decision are suitable, the foreign national is placed in the relevant removal center. 



The Kocaeli Removal Center, with a capacity of approximately 500 people, is one of the leading removal centers in our country.

2024-08-05

What is Administrative Detention in Turkiye for foreigners?

<h2>Navigating Turkey&#8217;s Annotated Visas: Your Key to Seamless Entry</h2>
Embarking on a journey to Turkey involves navigating the intricacies of visa requirements, with annotated visas emerging as pivotal documents for travelers.
Let&#8217;s explore the essence of annotated visas, highlighting their significance and the pathways they offer for smooth entry into Turkey.
<h3>Understanding Annotated Visas</h3>
Annotated visas, also known as annotated entry permits, encompass a variety of purposes, including work, education, medical treatment, and marriage.
These visas are distinguished by their clarity of purpose, providing travelers with the necessary legitimacy for their visit to Turkey.
<h3>Navigating the Application Process</h3>
Securing an annotated visa requires meticulous attention to documentation and adherence to procedural requirements.
Applicants must approach Turkish consulates or embassies in their countries of residence, aligning their visa applications with the intended purpose of their visit.
Supporting documents substantiating the visa&#8217;s purpose, such as work permits for employment visas, are essential for a successful application.
<h3>Mitigating Entry Challenges</h3>
Turkey implements strict measures to enforce visa regulations, including entry bans for individuals who violate visa norms. However, holders of annotated visas are exempt from such hurdles.
By adhering to visa protocols and obtaining annotated visas, travelers can mitigate the risk of encountering entry bans or fines.
Prompt payment of fines at border gates upon entry ensures a seamless transition into the country, further safeguarding against potential complications.
In essence, annotated visas serve as gateways to unhindered entry into Turkey, offering a lifeline to deported individuals and a pathway for lawful travelers.
By navigating the visa application process diligently and securing annotated visas, travelers can embark on their Turkish journey with confidence. Embrace the adventure, armed with the assurance of annotated visas, and unlock the boundless experiences awaiting in Turkey.
Ready to begin your Turkish adventure? Explore our comprehensive visa services to secure your annotated visa seamlessly. Let <a href="https://www.bayraktarattys.com/">Bayraktar Attorneys</a> assist you in navigating the complexities of visa applications and embark on this journey together.

2024-05-20

Navigating Turkey&#8217;s Annotated Visas: Your Key to Seamless Entry

<h2>Changes in Turkish Citizenship Acquisition through Real Estate</h2>
Recent amendments to the Regulation on the Implementation of the Turkish Citizenship Law have brought significant changes to the process of acquiring Turkish citizenship through real estate investment.
These alterations, published in the Official Gazette on December 12, 2023, redefine the criteria for citizenship acquisition, narrowing the scope of eligible properties for foreign investors.
<h2>Understanding the Amendment</h2>
The amendment modifies the definition of qualifying real estate, shifting from a broader concept to a more specific requirement.
Previously, the regulation accepted any immovable property valued at $400,000 or more as sufficient for citizenship acquisition.
However, the recent change now mandates that the property must be classified as condominiums or lands with condominium rights established, or buildings constructed on them.
<h2>Implications of the Amendment</h2>
This adjustment signifies a considerable shift in the eligibility criteria, limiting the options available for foreign investors seeking Turkish citizenship.
Properties such as vacant land without condominium rights no longer qualify for citizenship acquisition under the new regulations.
Consequently, the amendment aims to ensure that only developed or developing properties contribute to citizenship acquisition, aligning with the government&#8217;s objectives of promoting sustainable real estate investment.
In conclusion, the recent amendment to the Turkish Citizenship Law brings clarity to the citizenship acquisition process, specifying the types of real estate eligible for consideration.
While the previous regulations offered broader possibilities, the amended criteria aim to streamline the process and ensure that investments contribute meaningfully to the development of the Turkish real estate market.
Foreign investors navigating these changes should carefully consider the updated requirements to optimize their path towards Turkish citizenship.
For expert legal guidance on navigating the revised regulations for Turkish citizenship acquisition through real estate investment, consult <a href="https://www.bayraktarattys.com/">Bayraktar Attorneys</a>.
Our team offers specialized insights and support to facilitate a smooth and compliant process. Contact us today to learn more about your options and embark on your journey towards Turkish citizenship.

2024-05-19

Changes in Turkish Citizenship Acquisition through Real Estate

<h2 class="wp-block-heading has-medium-font-size">Turkish Citizenship Through Investment</h2>



In recent years, gaining Turkish citizenship through investment has become a popular topic among foreign investors. According to general criteria for acquiring Turkish citizenship, this process can be relatively straightforward.



<h3 class="wp-block-heading" style="font-size:clamp(14px, 0.875rem + ((1vw - 3.2px) * 0.455), 18px);">Ways to Obtain Turkish Citizenship Through Investment</h3>



Investment-based Turkish citizenship is one of the exceptional ways to acquire citizenship. The methods for gaining citizenship through investment are outlined in Article 20 of the relevant regulation. These methods include:



Fixed Capital Investment: Making a fixed capital investment of at least $500,000 USD or its equivalent in foreign currency, which must be verified by the Ministry of Industry and Technology.



Real Estate Purchase: Buying real estate worth at least $400,000 USD or its equivalent, and placing a restriction on the title deed to prevent sale for 3 years. Alternatively, acquiring a right of easement or condominium with a similar restriction, verified by the Ministry of Environment, Urbanization, and Climate Change.



Bank Deposit: Depositing at least $500,000 USD or its equivalent in a Turkish bank, with a condition to keep the deposit for 3 years. This must be verified by the Banking Regulation and Supervision Agency.



Employment Creation: Creating at least 50 jobs, as verified by the Ministry of Labor and Social Security.



Government Bonds: Purchasing government debt instruments worth at least $500,000 USD or its equivalent, with a condition to hold them for 3 years, verified by the Ministry of Treasury and Finance.



Investment Fund Participation: Buying participation shares in real estate or venture capital investment funds worth at least $500,000 USD or its equivalent, and holding them for at least 3 years, verified by the Capital Markets Board.



Foreigners meeting any of these criteria can acquire Turkish citizenship by a decision of the President. Applications are initially reviewed by the Ministry, and those who do not meet the criteria or are deemed a security risk will have their applications rejected. If no issues are found, the application is forwarded to the President for approval.



<h3 class="wp-block-heading" style="font-size:clamp(14px, 0.875rem + ((1vw - 3.2px) * 0.455), 18px);">Fixed Capital Investment for Citizenship</h3>



A fixed capital investment of at least $500,000 USD in Turkey, verified by the Ministry of Industry and Technology, can qualify an investor for citizenship.



<h3 class="wp-block-heading" style="font-size:clamp(14px, 0.875rem + ((1vw - 3.2px) * 0.455), 18px);">Real Estate Purchase for Citizenship</h3>



To acquire citizenship through real estate purchase, one must:



Buy real estate, right of easement, or condominium worth at least $400,000 USD or its equivalent. Pay this amount in full. Register a restriction on the property deed to prevent sale or transfer for 3 years. Ensure the transaction is verified by the Ministry of Environment, Urbanization, and Climate Change. Bank Deposit for Citizenship



To obtain citizenship through bank deposits:



Deposit at least $500,000 USD or its equivalent in a Turkish bank. Keep the deposit untouched for 3 years. The bank must be based in Turkey, and the deposit must be verified by the Banking Regulation and Supervision Agency. Employment Creation for Citizenship



Creating at least 50 jobs, verified by the Ministry of Labor and Social Security, can qualify one for citizenship. It’s not mandatory for the employees to be Turkish citizens.



<h3 class="wp-block-heading" style="font-size:clamp(14px, 0.875rem + ((1vw - 3.2px) * 0.455), 18px);">Government Bonds for Citizenship</h3>



Buying government bonds worth at least $500,000 USD or its equivalent, with a condition to hold them for 3 years, can lead to citizenship. This must be verified by the Ministry of Treasury and Finance.



Investment Fund Participation for Citizenship



To qualify through investment funds:



Purchase participation shares in real estate or venture capital funds worth at least $500,000 USD or its equivalent. Hold the shares for at least 3 years. Verification by the Capital Markets Board is required. Application Process



The application for citizenship through investment must be made in writing to the General Directorate of Population and Citizenship Affairs. Before applying, the investment must be verified by the relevant authorities.



<h3 class="wp-block-heading" style="font-size:clamp(14px, 0.875rem + ((1vw - 3.2px) * 0.455), 18px);">Required Documents for Application</h3>



Some essential documents include:



Citizenship application letter. Passport or equivalent document. Two biometric photos. Proof of marital status. Birth certificate. Detailed family registry. Receipt of service fee payment. Property valuation report (if applicable). Proof of investment (e.g., title deed, bank statements). Processing Time



The process typically takes about 3 months, but can vary depending on administrative efficiency and completeness of the application.



<h3 class="wp-block-heading" style="font-size:clamp(14px, 0.875rem + ((1vw - 3.2px) * 0.455), 18px);">Appealing a Rejection</h3>



If an application is rejected, it can be appealed or a lawsuit can be filed. Appeals should be submitted within 60 days of receiving the rejection. If the appeal is unsuccessful, a lawsuit can be filed within the same period.



<h3 class="wp-block-heading" style="font-size:clamp(14px, 0.875rem + ((1vw - 3.2px) * 0.455), 18px);">Impact on Family</h3>



A minor child of the new Turkish citizen can acquire citizenship if both parents agree, or if the other parent is incapable or deceased. The spouse can apply for a family residence permit or citizenship through marriage.



<h3 class="wp-block-heading" style="font-size:clamp(14px, 0.875rem + ((1vw - 3.2px) * 0.455), 18px);">Precautions for Investors</h3>



Investors should ensure all technical and legal procedures are correctly followed and be cautious of fraud, particularly when buying real estate.



For detailed guidance and legal assistance with your <a href="https://www.bayraktarattys.com/turkish-citizenship-application/">Turkish citizenship application</a>, you can always contact Bayraktar Attorneys and our experienced team will help you for all investment processes.

2024-08-14

Turkish Citizenship Through Investment

<a href="https://www.bayraktarattys.com/inheritance-law/">Inheritance law</a> governs how private legal relations, rights, and obligations are handled after an individual&#8217;s death. In Turkey, inheritance transfers follow the &#8220;principle of universal succession,&#8221; as stated in Article 599 of the Turkish Civil Code No. 4721. 



This principle ensures that heirs automatically acquire the inheritance in its entirety upon the decedent&#8217;s death, without any additional action needed.



<h4 class="wp-block-heading">Inheriting Property: What to Expect</h4>



Imagine you&#8217;ve inherited property from a deceased relative. Common issues include delays in transferring inherited real estate and confusion over the necessary procedures and public institutions involved. 



This blog will guide you through the steps required to transfer inherited property at land registry offices in Turkey.



<h4 class="wp-block-heading">The Inheritance Transfer Process</h4>



Inheritance transfer, a process without a time limit, involves registering the heirs&#8217; rights, as outlined in a court or notary-issued inheritance certificate, with the land registry. Here&#8217;s a breakdown of the process:



<ol class="wp-block-list">
<li>Application: One or all heirs must apply to the relevant land registry office with the required documents. Nowadays, applications can also be made through e-government platforms.</li>



<li>Ownership Types: There can be joint ownership (where heirs collectively own the property) or fractional ownership (where shares are defined). Fractional ownership allows heirs to transfer their shares individually, while joint ownership requires collective action.</li>



<li>Land Registry Procedures:
<ul class="wp-block-list">
<li>Obtain a certificate of inheritance from a notary or the Civil Court of Peace.</li>



<li>Visit the local municipality to ensure there are no property tax debts and to obtain the property’s current value.</li>



<li>Settle any inheritance and transfer taxes, then visit the land registry office to register the property in the heirs&#8217; names.</li>
</ul>
</li>



<li>Important Considerations:
<ul class="wp-block-list">
<li>If some heirs are foreign nationals or reside abroad, the certificate of inheritance must be obtained from the Civil Court of Peace.</li>



<li>There is no fee for registering inherited properties at the land registry, though a small revolving fund fee applies.</li>
</ul>
</li>
</ol>



<h4 class="wp-block-heading">Deadlines for Inheritance Declarations</h4>



Heirs must submit a declaration of inheritance within specific timeframes depending on their location and the decedent’s place of death. Missing these deadlines can lead to penalties and complications in the legal process.



<h4 class="wp-block-heading">The Role of E-Government in Inheritance Transfers</h4>



Heirs can now conduct title deed transfer procedures through the e-government platform, making the process more efficient and accessible, especially for those who cannot visit the land registry office in person.



<h4 class="wp-block-heading">Handling Other Types of Inheritance</h4>



For inherited vehicles, heirs need to apply to the traffic registration authority with the appropriate documents. Inherited bank money requires obtaining a balance statement from the bank and ensuring the inheritance declaration reflects this amount.



<h4 class="wp-block-heading">Consequences of Delayed Inheritance Transfers</h4>



If the heirs fail to transfer the property title within two years, the Land Registry Office can initiate the process on their behalf.



<h4 class="wp-block-heading">Why You Should Consider Legal Assistance</h4>



While the process can seem straightforward, each case may require different procedures. Engaging a specialized lawyer ensures that your transactions are handled correctly, efficiently, and in accordance with the law.



At Bayraktar Attorneys, we provide expert legal guidance in inheritance law to help you navigate this complex process with confidence. Contact us for more information or to schedule a consultation.

2024-08-28

Understanding Inheritance Transfers in Turkey

Sexual harassment involves disturbing another person to satisfy one’s sexual desires without any physical contact. Commonly known as “catcalling” or “verbal harassment,” this form of antisocial behavior can fulfill the elements of the offense. 



Sexual harassment is considered a crime of free action, meaning it can be committed through various means such as phone calls, social media, or other communication tools.



Sexual harassment is regulated under Article 105 of the Turkish Criminal Code (TCK, Türk Ceza Kanunu in Turkish) within the section on &#8220;Crimes Against Sexual Integrity.&#8221; It punishes immoral actions that violate moral decency, without any physical contact between the perpetrator and the victim. 



If there is any physical contact, even brief or unintentional, with sexual intent, it constitutes sexual assault, not harassment. For example, if someone says “Let me kiss you,” it is sexual harassment. However, if they physically kiss the victim, it becomes sexual assault.



It is crucial to emphasize that for an action to be classified as sexual harassment, there must be no physical contact such as touching, rubbing, or fondling. Once physical contact occurs, the offense escalates to sexual assault.



<h3 class="wp-block-heading">Categories of Sexual Crimes:</h3>



<ol class="wp-block-list">
<li>Sexual Exploitation (Article 103 TCK): Involves sexual actions targeting children under the age of 15 through physical contact. For children aged 15-18, if deceit, force, or threats are used, the crime is still classified as sexual exploitation.</li>



<li>Sexual Assault (Article 102 TCK): Applies to adults or minors aged 15-18, punishing sexual actions involving physical contact without force, threats, or deceit.</li>



<li>Sexual Harassment (Article 105 TCK): Involves sexual behavior without physical contact, regardless of the victim&#8217;s age.</li>



<li>Sexual Intercourse with a Minor (Article 104 TCK): Involves consensual sexual relations with minors between the ages of 15 and 18.</li>
</ol>



<h3 class="wp-block-heading">How is Sexual Harassment Committed?</h3>



Sexual harassment can occur without physical contact and may be either sudden or continuous. The perpetrator must act with sexual intent, targeting a specific individual. 



If the action is not directed at someone in particular, other offenses such as insult, threat, or disturbing public peace may be considered.



Common methods of committing sexual harassment include:



<ul class="wp-block-list">
<li>Verbal comments, gestures, or actions that the victim can hear or see.</li>



<li>Harassing phone calls, messages, faxes, or letters.</li>



<li>Sending emails, social media messages, or comments.</li>



<li>Using social media apps like Instagram, Facebook, Twitter, or WhatsApp to send sexually suggestive content.</li>
</ul>



<h3 class="wp-block-heading">Actions and Behaviors that Constitute Sexual Harassment</h3>



The types of behaviors that qualify as sexual harassment have been solidified through various rulings of the Turkish Supreme Court (Yargıtay). 



According to its practice, the following actions carried out with a sexual intent can lead to the crime of sexual harassment (YCGK-K.2015/34):



<ul class="wp-block-list">
<li>Making obscene hand gestures,</li>



<li>Blowing kisses with sexual intent,</li>



<li>Proposing sexual intercourse,</li>



<li>Exposing one&#8217;s genitals,</li>



<li>Making comments like “Shall we make love?” or “Do you want to make love?” to the victim,</li>



<li>Catcalling or making verbal comments with sexual intent to a person walking on the street (e.g., &#8220;babe,&#8221; &#8220;beautiful,&#8221; &#8220;you&#8217;re amazing&#8221;),</li>



<li>Climbing up to the victim&#8217;s window and saying, “I will kidnap you; let me in, I’m coming in,”</li>



<li>Sniffing a flower towards the victim with sexual desire,</li>



<li>Repeatedly calling and saying things like, “I’m in front of your house, come outside, I will satisfy you physically and emotionally,” or “I love you, I want to marry you,”</li>



<li>Sending messages like, “Do you want to talk? Missed call me; if you don’t want to, no one will know,”</li>



<li>Saying to the victim, “I know you and your family, get in the car, I’ll take you where you’re going, I won’t harm you,”</li>



<li>Making sexually explicit comments online, such as “Undress,” or “Your body is beautiful,”</li>



<li>Proposing marriage to a married woman or telling her “I love you,”</li>



<li>Giving underwear as a gift or proposing marriage with sexually explicit words.</li>
</ul>



<h3 class="wp-block-heading">How is Sexual Harassment Proven?</h3>



Proving sexual harassment is one of the most debated aspects during legal proceedings. Often, such incidents occur between just two people, with no eyewitnesses, and seldom involve video or camera recordings, making the existence of the crime difficult to prove. 



Courts typically rely on the following evidence:



<ol class="wp-block-list">
<li>Victim’s Statement: The victim’s testimony is a crucial piece of evidence in sexual harassment cases. The Supreme Court has outlined certain criteria for evaluating the credibility of such testimony. Key factors considered include:
<ul class="wp-block-list">
<li>Whether the victim knew the perpetrator before the incident,</li>



<li>If there was any pre-existing hostility between the victim and the perpetrator,</li>



<li>Whether the victim has any reason to falsely accuse the perpetrator,</li>



<li>The consistency and coherence of the victim’s statements throughout the process.</li>
</ul>
</li>



<li>Witness Statements: Testimonies from witnesses who saw or heard the harassment can be valuable evidence, especially if consistent with the victim’s account.</li>



<li>Phone Communication Records: Although phone tapping is not permitted for such crimes, call logs can be used alongside other evidence.</li>



<li>Physical Examination of Phones and SMS Messages: Under certain legal conditions (CMK Article 134), SMS messages, videos, and other digital content on phones can be examined.</li>



<li>Secret Audio or Video Recording: In cases where harassment is spontaneous and no other evidence is available, secret recordings made by the victim may be considered legal evidence.</li>



<li>WhatsApp, Telegram, etc.: Messages sent through platforms like WhatsApp can be used as evidence, provided they are properly documented.</li>



<li>Social Media: Evidence from platforms such as Instagram, Twitter, or Facebook can also be utilized, although it is harder to obtain data from international social media providers.</li>



<li>E-Tespit Method: The Turkish Notaries Union provides a service allowing users to formally document web pages or social media content 24/7, which can serve as legal proof.</li>
</ol>



<h3 class="wp-block-heading">Penalty for Sexual Harassment (TCK Article 105)</h3>



<ul class="wp-block-list">
<li>Basic Sexual Harassment: A person who harasses someone sexually can face 3 months to 2 years of imprisonment, or a fine. If the crime is committed against a child, the penalty increases to 6 months to 3 years.</li>



<li>Aggravated Sexual Harassment: If certain aggravating factors are present (e.g., abuse of power due to a work or family relationship, or exposure in a public place), the penalty is increased by 50%.</li>
</ul>



<h3 class="wp-block-heading">Statute of Limitations, Complaints, and Relevant Courts</h3>



The victim must file a complaint within 6 months for basic cases of sexual harassment. If no complaint is filed within this time, the right to complain is forfeited. 



However, aggravated cases of sexual harassment are investigated automatically by the prosecution and have a statute of limitations of 8 years. Cases of sexual harassment are tried in criminal courts.



<h3 class="wp-block-heading">Converting to Fines, Suspension, and Deferred Pronouncement of Judgment</h3>



In some cases, imprisonment for sexual harassment can be converted into fines or the punishment may be suspended under specific conditions. 



Courts can also issue a deferred pronouncement of judgment (hagb), meaning the sentence will not be enforced if the individual meets certain conditions during a probation period.

2024-09-12

What is Sexual Harassment (Article 105 of the Turkish Penal Code &#8211; TCK)?

<h1>Unveiling Shareholders&#8217; Rights to Information in Joint Stock Companies</h1>
In the realm of joint-stock companies, accountability and transparency stand as pillars shaping corporate governance.
Central to this ethos are the rights vested in both shareholders and board members to access information.
This article delves into the intricacies of these rights, exploring their significance and legal frameworks.
<h2>A. Upholding Shareholders&#8217; Right to Transparency</h2>
Article 437 of the TCC secures shareholders&#8217; access to vital information essential for informed decision-making. Regardless of their stake in the company, shareholders are entitled to peruse financial statements, audit reports, and activity summaries.
This right is particularly crucial preceding general assembly meetings, affording shareholders the opportunity to assess the company&#8217;s performance comprehensively.
Moreover, shareholders wield the authority to request information directly from the board and auditors during these assemblies, fostering a culture of openness and accountability.
In accordance with Article 437/2 of the Turkish Commercial Code (TCC), shareholders hold a significant privilege during the general assembly proceedings.
They retain the right to seek elucidation directly from two key entities: the board of directors and the auditors. This entitlement extends to querying the board regarding the company&#8217;s operational trajectory and delving into the specifics of the audit process with the auditors.
Article 437/4 of the Turkish Commercial Code (TCC) provides shareholders with an additional avenue to scrutinize the commercial books and correspondence of a company: through the engagement of an expert. Should shareholders opt to utilize this option, they must adhere to certain procedural requirements.
Firstly, explicit permission from either the general assembly or a decision sanctioned by the board of directors is indispensable. This mandate underscores the significance of formal authorization in accessing sensitive corporate records.
<h2>B. Navigating Limitations on Information Access</h2>
While the TCC mandates transparency, it also recognizes the need to safeguard sensitive corporate information.
Article 437 delineates instances where shareholders&#8217; requests for information may be justifiably denied to prevent the disclosure of trade secrets or potential harm to the company&#8217;s interests.
Despite these limitations, shareholders maintain recourse through judicial channels, ensuring that their right to information remains inviolable within legal bounds.
<h2>C. Empowering Board Members with Informational Rights</h2>
Article 392 of the Turkish Commercial Code (TCC) fortifies the position of board members within joint-stock companies by granting them expansive informational prerogatives.
Each board member possesses the authority to scrutinize the company&#8217;s operations, transactions, and pertinent documents. This right extends to requesting presentations of ledgers, contracts, and correspondence, ensuring transparency within the company&#8217;s affairs.
Furthermore, the TCC mandates that any denial of these rights by the chairman must be swiftly addressed by the board or the commercial court, underscoring the non-negotiable nature of board members&#8217; access to information.
In essence, the right to information stands as a cornerstone of corporate governance in joint-stock companies, ensuring accountability and fostering trust among stakeholders.
While disparities exist between the informational rights of board members and shareholders, both are indispensable in upholding the principles of transparency and accountability.
As <a href="https://www.bayraktarattys.com/">Bayraktar Attorneys</a>, we remain committed to providing guidance and clarity on these vital legal matters, empowering our clients to navigate the complex landscape of corporate governance with confidence. For further inquiries or assistance, please do not hesitate to reach out to us.

2024-05-14

Unveiling Shareholders&#8217; Rights to Information in Joint Stock Companies

Rights of Tenants in Turkey

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What is Administrative Detention in Turkiye for foreigners?

Navigating Turkey’s Annotated Visas: Your Key to Seamless Entry

Changes in Turkish Citizenship Acquisition through Real Estate

Turkish Citizenship Through Investment

Understanding Inheritance Transfers in Turkey

What is Sexual Harassment (Article 105 of the Turkish Penal Code – TCK)?

Unveiling Shareholders’ Rights to Information in Joint Stock Companies

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Turkish Citizenship Through Investment

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What is Sexual Harassment (Article 105 of the Turkish Penal Code &#8211; TCK)?

Unveiling Shareholders&#8217; Rights to Information in Joint Stock Companies

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What is Sexual Harassment (Article 105 of the Turkish Penal Code – TCK)?

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