As the Law Firm of Attorney Billur Güler Aslım, we work to find solutions to the legal problems faced by companies operating in Antalya. In this article, we will discuss in detail one of the frequently asked questions, "Validity of shareholder agreements made without notary approval in Antalya". Shareholder agreements are vital documents that regulate the rights and obligations of company partners. The validity and enforceability of these agreements are of great importance for the future of the company.
Definition and Importance of Shareholder Agreement
A shareholder agreement is a contract between partners in joint stock companies, limited companies and other types of companies that regulates issues such as the management of the company, profit distribution, and the rights and obligations of the partners to each other. This contract can be signed during the establishment phase of the company or in later periods and is a fundamental document that regulates the internal functioning of the company. It is of great importance in terms of preventing disputes between shareholders and ensuring stable management of the company. The rules specified in the contract affect the decision-making processes of the company's board of directors, general assembly and shareholders.
Validity of Shareholder Agreements Without Notarization
The Turkish Commercial Code (TTK) does not contain a clear regulation regarding the formal requirements of shareholder agreements. This does not mean that shareholder agreements made without notary approval are invalid. However, in some cases, notary approval provides significant convenience in terms of the validity and proof of the agreement.
Contract Must Be In Written Form
According to the general provisions of the TCC, it is recommended that contracts that will have significant legal consequences be made in writing. The shareholder agreement should also be prepared in writing in order to clearly determine the rights and obligations between the parties. An unwritten contract can be difficult to prove and may create problems in the event of a dispute.
Notarization and Ease of Proof
Notarization creates an official record that the content of the contract has been accepted by the parties and provides ease of proof in case of any disputes that may arise in the future. The notary determines the identities of the persons signing the contract and confirms the authenticity of the signatures. This eliminates the possibility of the contract being forged and provides legal assurance. However, notarization is not a mandatory condition for the validity of the contract.
Reasons for the Contract to Be Invalid
Even without notarization, a shareholder agreement may be deemed invalid under the general provisions of the TCC. These reasons for invalidity include; * The agreement is unlawful: If the agreement contains provisions that are contrary to the law, public order or general morality, it may be invalid. * Lack of consent: If the consent of the parties is obtained through fraud, threat or misleading, the agreement is invalid. * Lack of authority to contract: If the person signing the agreement is not authorized, the agreement may be invalid. * Defects in form: In some special cases, the law may stipulate a specific form requirement. Failure to comply with these requirements may render the agreement invalid.
Legal Consultancy on Shareholder Agreement in Antalya
Companies operating in Antalya should seek support from an expert lawyer when they encounter legal issues regarding shareholder agreements. As Atty. Arb. Billur Güler Aslım Law Firm, we provide legal consultancy services to companies operating in Antalya regarding the preparation, review and resolution of possible disputes regarding shareholder agreements. Our experienced team will help you minimize your legal risks by producing solutions specific to your company's needs. Shareholder agreements made without notary approval in Antalya may be valid under certain conditions. However, it is of great importance that the agreement is in writing and is legally correct. In order to prevent possible disputes and provide legal assurance, it is recommended that shareholder agreements are reviewed and prepared by an expert lawyer. As Atty. Arb. Billur Güler Aslım Law Firm, we are ready to provide comprehensive legal support to companies in Antalya on this issue. You can contact us for your questions and consultancy requests.