International divorces involving children raise legal questions that are substantially more complex than ordinary custody disputes. When parents live in different countries, hold different nationalities, or intend to relocate after separation, the dispute is no longer limited to the question of which parent should exercise custody. Courts may also have to determine which country has […]
Introduction Turkey is an important jurisdiction for cross-border mergers and acquisitions involving European, Middle Eastern and Asian investors. Foreign investors may enter the Turkish market by acquiring an existing company, subscribing for newly issued shares, establishing a joint venture, purchasing a business or acquiring selected assets. As a general principle, Turkish foreign investment legislation does […]
Jurisdiction, Applicable Law, Nationality and Habitual Residence in Cross-Border Divorce International divorce cases raise a fundamental question that does not normally arise in purely domestic family disputes: Which country should deal with the divorce? In reality, this question consists of two separate legal issues: These questions should never be confused. A Turkish court may have […]
Introduction Closing an acquisition is not the end of an M&A transaction. In many cases, the most difficult stage begins immediately after the buyer obtains control of the target company. Post-merger integration refers to the legal, operational and corporate steps through which the acquired business is incorporated into the buyer’s group structure. Depending on the […]
How Can a Foreign Divorce Become Legally Effective in Turkey? International marriages increasingly involve spouses who live, work, own property, or raise children in more than one country. As a result, a divorce may be obtained before a court or, in certain jurisdictions, an administrative authority outside Turkey while one or both spouses continue to […]
Introduction Determining the headline value of a company is only the beginning of pricing an M&A transaction in Turkey. A buyer and seller may agree that a company is worth EUR 20 million, but this does not necessarily mean that EUR 20 million will be transferred to the seller at closing. The final amount may […]
Introduction Signing a share purchase agreement does not always mean that ownership of a Turkish company changes immediately. In many mergers and acquisitions, the transaction is divided into two separate stages: The period between signing and closing may last several days or several months, particularly where the transaction requires Competition Authority clearance, sector-specific regulatory approval, […]
Introduction Representations, warranties and indemnities are among the most heavily negotiated provisions in Turkish mergers and acquisitions. A buyer acquiring shares in a Turkish company generally acquires the target together with its historical legal, tax, employment, regulatory and commercial liabilities. Even extensive legal and financial due diligence cannot identify every possible risk. Transaction documents therefore […]
Introduction Turkey offers a broad range of investment opportunities for private equity funds, venture capital investors, family offices, strategic investors and institutional investment vehicles. Investments may be structured as acquisitions of existing shares, subscriptions to newly issued shares, convertible instruments, shareholder loans or combinations of equity and debt. The appropriate structure depends on the maturity […]
Post-Award Remedies in Turkish Arbitration: Correction, Interpretation and Additional Awards Post-award remedies in Turkish arbitration allow limited problems in an arbitral award to be addressed without reopening the entire dispute or immediately commencing annulment proceedings. A final award may contain an incorrect figure, a typographical mistake, an unclear operative provision or an omission concerning a […]