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Some Important Parts

Some Important Parts. Obligation of keeping commercial books UFRS system - International Financial Reporting Standards Transparency * Registration or copy of all of the documents of commercial enterprise Keeping of commercial books electronically or as a dossier

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Some Important Parts

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  1. Some Important Parts

  2. Obligation of keeping commercial books UFRS system - International Financial Reporting Standards Transparency * Registration or copy of all of the documents of commercial enterprise Keeping of commercial books electronically or as a dossier Keeping period: 10 years – as of the end of of the year of the related procedure

  3. Commercial Enterprise • Real person enterprise • Corporations • Ordinary partnership • Commercial Corporations • Personal based companies(Şahıs şirketi) • Collective Company • Ordinary Commandite Company • Capital based companies • Limited Liability Company • Joint-Stock Company • Commandate Company which capital is dividedinto shares • Co-operatives

  4. Ordinary partnershıps • Regulated in Code of Obligations NOT TCC • Two or more person • Common purpose • Labor- commodities • No legal entity

  5. PERSONAL BASED COMPANIES • Types • Collective Company • Ordinary Commondite Company • Legal person • Composition of partnership&company management

  6. Unfair Competition Regulated Article 54-63 of TCC

  7. Definition Article 54/2 of TCC • Deceptive attitute/commercial practice OR • attitute/commercial practice contrary to objective good faith BETWEEN • Competitors AND • supplier & customers • are unfair and unlawful • No need “negligence”

  8. Unfair Competition Situations-Examples • Samples can be find in Article 55/1 • The list is not restirictive • Examples: • a) Advertisement & sales methods and other unlawful attitutes contrary to objective good faith • b) To benefit others’ business products without permission • c)To disclose production and business secrets unlawfully

  9. Legal Consequences • Legal Responsibility • Declaratory Judgment Action • Case of prevention • Case related to elimination of the material situation derived from the unfair competition • Action for damages(pecuniary/non-pecuniary damages) • Publication of judgment • Period for unfair competition case --- Article 60 of TCC • One year ---- from the date of learning • In any case Three year----- from the date of birth of right

  10. PARTIES OF UNFAIR COMPETITION CASE • Who can bring an action before court ? • The aggrieved person OR • Person who are in the risk of suffering ( owner of the competitor enterprise) • Employees can not bring an action • Partners & merber of the bord of directors can not bring an action in person • Customers who suffered economically due to unfair comptetion • Professional Association& Economic Unity, Institutions that protect Consumers’ Economic Interest, public organisations

  11. Liable Person • Person who is liable due to unfair competition • Person who competes in unfair manner • If the unfair competition manner realized by the employees or workers during their work period, the person-(employer) who employed these workers/employees • If the unfair competition realized through press, editor, executive editor, programmer, chief of bill, owner of the enterprise

  12. CRIMINAL LIABILITY • Depending on the complaint of the person who has the right to bring an action--------- punishment • Example: • The person who cheats the employees, representatives or other assistants for the purpose of obtaining confidential information/business secrets • If the unfair competition offence realized by legal person • Punishment----bord members or partners who acts on behaf of the legal person

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