Administrative Law
Administrative Law
We represent clients before the Turkish administrative authorities, challenge administrative regulations, communiques, decrees, guides and decisions as well as transactions before the administrative courts of first instance and the State Council in both cancellation and damages actions.
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Alternative Dispute Resolution
Alternative Dispute Resolution
In cases where there is no legal obstacle, the parties can agree to resolve the disputes between them without going to state court. Bener also represents their clients through alternative dispute resolution methods such as local and international arbitration and mediation, where state courts do not have exclusive jurisdiction to resolve disputes.
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Arbitration
Arbitration
Our arbitration practice serves clients before major arbitral bodies in various jurisdiction seats around the world, such as proceedings held under ICC, AAA, BIT, ICSID and ICA rules.
Our arbitration team contains experienced commercial litigators and international trade specialists spanning numerous disciplines. Our arbitration experts have been involved in a number of complex arbitral procedures, and provide services including:
- Drafting arbitration clauses
- Handling pre-arbitration negotiations
- Representation before arbitral tribunals and at court proceedings for provisional remedies or recognition and enforcement of arbitral awards.
We are also experienced in managing and coordinating a team of international lawyer co-counsels where a dispute is multi-jurisdiction in nature.
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Banking & Finance
Banking & Finance
Bener Law Office has an experienced banking and finance team that has advised on large transactions, acting on behalf of sponsors, lenders, equity investors and multilateral agencies. Our strong understanding of the need for well-drafted financing documentation that protects the interests of all parties concerned has been gained through a depth of experience in this field.
Our solution-oriented team provides legal services to international and local commercial banks, investment banks, export credit agencies, multinational financing institutions as well as investors in relation to acquisition financing, project financing, equity financing, leveraged and structured financing transactions, great number of financial instruments such as subordinated loans, secured loans, syndication loans, revolving loans, bridge financing, factoring, financial leasing, debt financing, Islamic finance transactions such as Murabaha and Sukuk, ISDA Master transactions, bankruptcy and restructurings and other similar transactions.
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Capital Markets
Capital Markets
Bener Law Office provides legal assistance on a wide range of matters in capital markets with its experienced lawyers.
We act as legal counsel for the registration of any capital market product with Capital Markets Board, including foreign capital funds and other foreign financial instruments. Our team is also experienced in IPOs and secondary offerings.
Our derivative practice focuses on all kinds of derivatives including, but not limited to OTC derivatives, F/X products, credit derivatives, equity derivatives and commodities, as well as on local derivative market regimes and advise our clients on the principles related to Turkish derivative exchange rules, as well as drafting, negotiation and finalization of derivative agreements.
We provide legal consultancy services to our clients on complex capital market transactions including, equities, structured products, securities lending, repos and primary brokerage documentation.
We provide legal assistance to local and global financial and capital market institutions including real estate investment trusts and investment funds for continuous compliance with capital markets legislation, commercial and investment banking, asset management, brokerage business, custody business and licensing and registration requirements.
We also provide continuous regulatory assistance and legal advise to local publicly-listed companies, brokerage companies, banks, foreign investment funds registered with the Capital Markets Board and other financial institutions under the supervision of the Capital Markets Board. Our experience expands to advising foreign brokerage firms, financial institutions, multi-national corporations or individual clients on structuring public offerings in Turkey and conducting the application process, public offering of Turkish companies’ shares at international stock exchanges, registration of inbound Turkish and foreign funds and all necessary follow-up procedures. Our team also provides continuous support to our clients on the complex Turkish capital market legislation in order to ensure compliance with their respective obligations arising therefrom, as well as close follow-up and advise on the changes in the applicable legislation.
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Citizenship
Citizenship
Similar to many other countries, Turkey offers various ways of obtaining citizenship. These include but are not limited to obtaining citizenship via residency, marriage with a Turkish national and citizenship via investment. There are multiple ways of acquiring citizenship via investment; via bank deposit, fixed capital investment, real estate purchase, providing employment to Turkish nationals, investing in government debt instruments, investment in a venture capital or real estate investment fund. As Bener Law Office we’re able to assist our clients not only with the entire immigration process of the citizenship applicant and his/her dependents, but also involve our corporate department to the process where necessary to assist them with their non-immigration needs throughout the process. In some cases, the entire process could be handled by our attorneys without the need for the investor and their family to enter to Turkey (including the final stage of obtaining of the Turkish ID Cards and passports).
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Commercial Law
Commercial Law
Commercial transactions are a major part of daily business life. We ensure that our clients are well prepared and informed about the potential risks associated with agreements they wish to enter into and the required procedures they must follow. Our market leading team is capable in all areas of commercial law transactions and disputes, including:
- Counselling services for national and international corporates
- Turkish governed and international commercial contracts
- Negotiations and conciliation
- Establishing companies native and foreign capital
- Company establishment and activities in free zones
- Restructuring
- Arranging Notary procedures and certified translations
- Investment incentives
- Capital increasing and decrease
- Electronic trade
- Licencing and distribution
- Transportation and logistics
- Franchise agreements
- Agency agreements
- Sale and purchase agreements
- Leasing
- Insurance
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Compensation & Benefits
Compensation & Benefits
Our employment team provides services to its clients in relation to drafting and amending documents on compensation and benefits and also replies the clients’ queries in this respect. Our team also advises clients regarding compliance of employment compensation and benefits with Turkish law.
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Competition Law
Competition Law
Our team regularly handles competition and regulatory practices, advising international clients on competition and regulatory aspects of mergers, acquisitions and joint ventures, competition investigations including market research by Turkish Competition Authority, business strategy and competitive compliance.
Our practice covers full range of competition law issues, from routine merger notifications to comprehensive negotiations with the authorities including individual exemption requests and investigations. We advise clients on their relations with competitors and the behavior of dominant companies as well as matters such as distribution practices, licensing and pricing policies, vertical agreements, commercial contracts, distribution and license agreements.
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Construction and Infrastructure
Construction and Infrastructure
Our Construction, Engineering and Infrastructure team acts for developers, property investment companies, funders, owners, occupiers and contractors across a wide range of matters. This includes large mixed use schemes, shopping malls, hotels, hospitals, office developments, logistics centres, energy and infrastructure projects.
We advise on all aspects of construction, engineering and infrastructure projects including:
- Procurement strategies and contract structures
- Contract preparation and negotiation
- Contract administration
- Construction disputes and dispute resolution
Construction specialists work closely with our real estate team in transactional investment and development work advising on the relationships between construction, development and finance documents including:
- EPC contracts
- Design and build
- Construction management
- Consultancy appointments
- Regulatory issues
- Guarantees & Bonds Derivative Transactions
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Consumer Law
Consumer Law
Our firm provides consumer law consultancy, handles consumer claims and lawsuits in a way that is convenient, comprehensive and tailored to the needs of each client.
Our consumer protection services provide advice on structuring of contractual and warranty related business models for retailers, handling consumer claims brought against them, negotiating settlements or defending against unfounded claims.
We also represent our clients before specialist arbitral organizations and consumer protection courts.
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Contracts
Contracts
Our team advises its clients in respect of drafting or reviewing a broad range of contracts (such as sales, supply, lease, service, confidentiality, logistics, distribution etc.), issuing legal opinion on the contracts, negotiating and finalizing such contracts.
We ensure that our clients are well prepared and informed about the potential risks associated with agreements they wish to enter into and the required procedures they must following their daily business life, including, but not limited to:
– Counseling services for national and international corporates
– Turkish governed and international commercial contracts
– Negotiations and conciliation
– Restructuring
– Arranging notary procedures and certified translations
– Investment incentives
– Electronic trade
– Licensing and distribution
– Transportation and logistics
– Franchise agreements
– Agency agreements
– Sale and purchase agreements
– Leasing
– Insurance
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Corporate Exemptions and Engineer Exemptions
Corporate Exemptions and Engineer Exemptions
In circumstances where the company in Turkey does not meet the minimum criteria to sponsor work permits in Turkey but are eligible to apply for an exemption, we guide our clients through all work permit and sponsorship exemption options that suit them best. We work closely with them to file the exemption application to the Ministry of Labor and Social Security timely so that they can start the immigration process of foreign employees in line with projected timelines.
We have extensive experience in different work permit exemption categories (ex. 5:1 exemption) including Foreign Direct Investment, Key personnel, advanced technology and liaison office representative exemptions. Furthermore, we are able to support our clients with engineer exemptions and the Diploma Equivalency process of foreigners who will be employed in Turkey as engineers.
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Corporate Law
Corporate Law
Within the framework of corporate governance activities, we serve more than 130 companies, many of which are leaders in their sectors and more than half of which are multi-national companies operating in Turkey.
Our Corporate services essentially provide our clients with a cost-effective way to outsource an in-house legal function, with a team of specialized lawyers always available to advise them on their day-to-day legal needs. This includes all kinds of issues that our clients encounter as part of the normal operation of their business, including but not limited to the following:
- Company secretarial/corporate governance
- Establishment of new company vehicles
- Consultancy on legal issues regarding Commercial Code, Civil Code and Code of Obligations and on any other relevant law and regulation in force in Turkey
- Review and arranging of all legal documentation in official records such as signature circulars, powers of attorney, share ledgers
- Follow-up of all required legal procedures at the trade registries, notaries and other administrative offices
- Assisting or conducting of Board of Directors, General Assembly and any other statutory meetings
- Intellectual Property Law related issues
- Meetings/negotiations with third parties
- Drafting and review of contracts such as sales, employment, lease and distribution agreements
- All aspects of employment and social security law including but not limited to:
- Compensation & benefits
- Employment documentation
- Terminations
- Collective dismissals
- Union relations
- Occupational health and safety
- Subcontracting, temporary employment relationships.
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Corporate Maintenance / Retainer
Corporate Maintenance / Retainer
Our Corporate Retainer practice serves more than 130 companies, many of whom are leaders in their sectors and more than half of which are multi-national companies doing business in Turkey.
Our Corporate service essentially provides our clients with a cost effective way to outsource an in-house legal function, with a team of multi-disciplinary lawyers always on hand to advise them on their day to day legal needs. This includes all kinds of issues that our clients encounter as part of the normal operation of their business including, but not limited to, the following:
- Company secretarial / corporate governance
- Establishment of a new company vehicles
- Advise on legal issues regarding Commercial and Civil Codes and Code of Obligations and on any other relevant Turkish law and regulation
- Review of all other legal documentation at the official records such as signature circulars, powers of attorney, share books
- All required legal procedures at the trade registries, notaries and other administrative offices
- Assisting or conducting board of directors, general assembly and any other statutory meetings
- Intellectual Property Law issues
- Meetings/negotiations with third parties
- Drafting and reviewing of contracts such as sales, employment, lease and distribution agreements
- Every aspect of employment and social security law including but not limited to:
- Compensation & benefits
- Employment documentation
- Terminations
- Collective dismissals
- Union relations
- Occupational health and safety
- Subcontracting, temporary employment relationships.
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Cross Border Litigation
Cross Border Litigation
Disputes arising from the relations established by our clients may include a foreign element. This situation creates the possibility of initiating legal proceedings against our clients outside of Turkey. In this context, Bener also assists their clients in cases filed in cross-border judicial bodies. At this point, we provide the best service to our clients by working with the leading law firms in the place where the legal process initiated.
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Data Protection
Data Protection
Our firm advises numerous clients in respect of issues related to protection of personal data and comprehensive compliance projects in respect of protection of personal data.
As of 2021, our compliance team has completed more than 70 data protection compliance projects. Under the scope of the compliance project; the team has assisted the clients by (i) drafting/reviewing necessary documentation such as information notes, explicit consent letters, data security policies; (ii) providing trainings to employees of the clients; (iii) performing registration of the clients to Turkish Data Controller Registry; (iv) preparing applications to be made to Turkish Board of Protection of Personal Data for transfer of personal data abroad without explicit consent of data subjects.
Legal services provided regarding data privacy include the following, but are not limited to those:
Consultancy Regarding Data Protection Matters
- Providing consultancy to clients regarding data protection matters such as processing activities concerning employees and consumers, drafting the necessary documents such as consent letters, information notices
- Reviewing the agreement regarding data protection such as data transfer protocols
- Assisting the clients with notifications to be made to authorities regarding security breaches
Full Data Protection Compliance Projects
- Analyzing the data protection activities of the clients
- Drafting the necessary documents such as consent letters, information notices, data storage and destruction policy, data inventory
- Assisting the clients with registration to Data Controller Registry
- Providing training to clients’ employees regarding data protection matters
- Drafting data transfer agreements to be submitted to the authorities
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Debt Collection
Debt Collection
Our team provides prompt, proactive, efficient, simple and cost-effective solutions for debt collection against individuals and entities. We perform these tasks for our clients with the importance of brand management and reputation, as well as other important non-legal considerations in mind to ensure the right results for our clients business.
Our services cover each stage of the formal debt recovery process, which is usually preceded by informal negotiations if necessary and appropriate. The formal stages usually follow a staged framework:
- Pre-trial proceedings: including sending official notifications/demand letters to the debtor and fulfilling all the necessary formalities and pre-trial procedure.
- Representation during trial process. In situations where the debtor does not willingly return the debt, perhaps after Execution Office process, we provide trial representation before Turkish Courts.
- Post-trial proceedings. This includes any steps necessary to the enforcement the decision of the Courts to recover the debt.
Our debt collection services also include:
- Making claims in any Turkish court jurisdiction
- Striking out meritless defenses
- Large scale/high volume commercial recoveries
- Outstanding debt matters, from initial letters of demand through to bankruptcy petitions and actions against individuals or entities
- Enforcement proceedings
- Creditors’ statutory demands for payment of debt
- Bankruptcy Notices and subsequent sequestration proceedings and Warrants of Execution
- Negotiating commercial resolutions to debt disputes.
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Derivative Transactions
Derivative Transactions
Bener has experience with swap, option and structured-note transactions involving products such as interest rates, currencies, commodities, securities and credit. Our lawyers have extensive experience with the full life cycle of relevant products, from new product development and assessment, to transaction execution and documentation, and on-going legal risk management, including defaults, regulatory-inquiry response, and customer complaints and litigation.
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Document Procurement and Legalization
Document Procurement and Legalization
Document procurement, legalization and apostille processes in Turkey may be complicated both for Turkish nationals and foreigners alike. Especially for those who are not physically in Turkey, obtaining certain documents legalized or apostilled in Turkey is challenging. Bener Law Office is able to support clients with all their document procurement and legalization needs. We have extensive experience with the most commonly requested documents that require legalization including marriage certificate, birth certificate, police clearance certificate, diploma and transcripts, divorce, adoption and custody decrees and entry-exit documents. We have experience with both apostille procedure in Turkey as well as legalization requirements of many foreign consulates in Turkey that are not party to The Hague (apostille) Convention.
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Drafting of Employment Contracts and Other Employment Documentation
Drafting of Employment Contracts and Other Employment Documentation
Our employment team assists our clients with drafting and revising employment contracts and all kinds of other employment documentation, including but not limited to, termination documents, amendment protocols, settlements agreements etc. Our team also assists clients with drafting or amendment of company policies and procedures.
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E-Commerce
E-Commerce
Our team has been assisting its clients with regards to e-commerce legislation. In this respect, our team has been providing consultancy services regarding liabilities under e-commerce legislation for service providers and intermediary service providers, sending marketing messages, obtaining the necessary consents and registration to Message Management System established by the Ministry of Commerce.
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Employment Investigations
Employment Investigations
Our employment team leads the conduct of investigations related to its clients in respect of various subjects, such as harassment, mobbing, fraud etc. In performance of such employment investigations, our team leads the clients, conducts interviews with employees, drafts investigation reports and informs the clients regarding actions to be taken in relation to a particular investigation.
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Employment Law Audits
Employment Law Audits
Our employment team reviews its clients’ requests on labor law audits and assists the clients in respect of their queries on such audits. Our team also aims to inform clients with memorandums on Turkish labor law, which include general provisions and issues that require solving in respect to a particular audit.
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Employment Law Trainings
Employment Law Trainings
Our team is able to provide trainings to its clients upon request on all aspects of Turkish labor law, including termination, recruitment, settlement, benefits etc.
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Employment, Contracts & Compliance
Employment, Contracts & Compliance
- Drafting of Employment Contracts and Other Employment Documentation
Our employment team assists our clients with drafting and revising employment contracts and all kinds of other employment documentation, including but not limited to, termination documents, amendment protocols, settlements agreements etc. Our team also assists clients with drafting or amendment of company policies and procedures.
- Terminations
Our employment team is very experienced in providing consultancy services to clients regarding all aspects of termination of employment within the scope of Turkish law, including, but not limited to, drafting termination documents, making risk analyzes, conducting necessary transactions etc., and in drafting relevant documents to manage the termination processes.
- Remote Working
Our employment team advises clients on queries related to remote working procedures and assists its clients with drafting and/or revising employment agreements and amendment protocols in this respect.
- Compensation & Benefits
Our employment team provides services to its clients in relation to drafting and amending documents on compensation and benefits and also replies the clients’ queries in this respect. Our team also advises clients regarding compliance of employment compensation and benefits with Turkish law.
- Employment Investigations
Our employment team provides services to its clients in relation to drafting and amending documents on compensation and benefits and also replies the clients’ queries in this respect. Our team also advises clients regarding compliance of employment compensation and benefits with Turkish law.
- Unions & Collective Bargaining
Our team is also experienced in handling issues related to union activities for its clients, assisting them with collective bargaining process and also, our team provides advice on union-related queries of the clients.
- Employment Law Trainings
Our team is able to provide trainings to its clients upon request on all aspects of Turkish labor law, including termination, recruitment, settlement, benefits etc.
- Employment Law Audits
Our employment team reviews its clients’ requests on labor law audits and assists the clients in respect of their queries on such audits. Our team also aims to inform clients with memorandums on Turkish labor law, which include general provisions and issues that require solving in respect to a particular audit.
- Full HR Support
Our team provides full HR support to its clients in respect of Turkish labor law practices, including, but not limited to, handling termination procedures, drafting all kinds of documents, informing regarding social security liabilities, following up up-to-date government decisions that may have an effect on HR procedures and informing the clients, drafting memorandums and newsletters for clients in order to inform them regarding all aspects of Turkish labor law, communicating with public and private companies and governmental institutions in respect of clients’ queries.
- Occupational Health and Safety
Our employment team is also experienced on issues related to occupational health and safety, including, but not limited to, informing clients on duties of employers and employees, liability of the primary employer where a contractor and sub-contractor relationship exists, drafting and maintaining agreements related to health and safety, reviewing and advising on information, instruction and training provided at the workplace, compliance reviews from a legal perspective, advice on administrative fines applied and compensation claims following incidents, as well as criminal negligence cases.
- Social Security Law
Our employment team advises clients in relation to their queries on social security practices in Turkey, contacts Turkish Social Security Institution on such queries, where necessary, informs clients regarding their liabilities arising from social security law and conduct all other necessary proceedings to respond clients’ queries.
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Environmental Law
Environmental Law
Our team helps our clients to assess and improve their compliance with environmental laws and regulations governing water quality, air quality, and hazardous materials and waste. The approach of our dedicated legislative team watches out for our clients’ interests while monitoring changes in regulations and legislation that might affect their future business plans. We conduct assessments and audits by teaming up with technicians in order to provide our clients proper advice and support in areas of both planning and environmental law. Our team also works collaboratively with colleagues specialized in energy, real estate and administrative law and help our clients to navigate the extensive environmental legislation. Our team also ensures clients are well-informed and up-to-date on key developments through newsletters and publications.
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Equity and Debt Offerings
Equity and Debt Offerings
Bener Law Office provides legal assistance on a wide range of matters in capital markets with its experienced lawyers.
We act as legal counsel for the registration of any capital market product with Capital Markets Board, including foreign capital funds and other foreign financial instruments. Our team is also experienced in IPOs and secondary offerings.
Our derivative practice focuses on all kinds of derivatives including, but not limited to OTC derivatives, F/X products, credit derivatives, equity derivatives and commodities, as well as on local derivative market regimes and advise our clients on the principles related to Turkish derivative exchange rules, as well as drafting, negotiation and finalization of derivative agreements.
We provide legal consultancy services to our clients on complex capital market transactions including, equities, structured products, securities lending, repos and primary brokerage documentation.
We provide legal assistance to local and global financial and capital market institutions including real estate investment trusts and investment funds for continuous compliance with capital markets legislation, commercial and investment banking, asset management, brokerage business, custody business and licensing and registration requirements.
We also provide continuous regulatory assistance and legal advise to local publicly-listed companies, brokerage companies, banks, foreign investment funds registered with the Capital Markets Board and other financial institutions under the supervision of the Capital Markets Board. Our experience expands to advising foreign brokerage firms, financial institutions, multi-national corporations or individual clients on structuring public offerings in Turkey and conducting the application process, public offering of Turkish companies’ shares at international stock exchanges, registration of inbound Turkish and foreign funds and all necessary follow-up procedures. Our team also provides continuous support to our clients on the complex Turkish capital market legislation in order to ensure compliance with their respective obligations arising therefrom, as well as close follow-up and advise on the changes in the applicable legislation.
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Execution & Enforcement
Execution & Enforcement
Our team is highly experienced in execution and enforcement proceedings, including obtaining recognition of foreign court decisions by the Turkish judicial system in cases ranging up to multi-jurisdiction, multi-billion dollar claims. Our execution and enforcement services include:
- Providing legal opinions and consultation
- Securing claims even before initiation of court proceedings or during the course of court proceedings
- Representation of clients before the courts to secure claims
- Conducting proceedings referring to existing enforcement clauses
- Enforcement of a payment orders and bonds
- Initiating and supervising execution proceedings before relevant execution offices
- Assessing and applying for the most appropriate remedies (complaints, appeals, charges)
- Recognition and execution of foreign court orders or foreign arbitration awards.
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Foreign and Local Investment Funds
Foreign and Local Investment Funds
Bener Law Office provides legal assistance on a wide range of matters in capital markets with its experienced lawyers.
We act as legal counsel for the registration of any capital market product with Capital Markets Board, including foreign capital funds and other foreign financial instruments. Our team is also experienced in IPOs and secondary offerings.
Our derivative practice focuses on all kinds of derivatives including, but not limited to OTC derivatives, F/X products, credit derivatives, equity derivatives and commodities, as well as on local derivative market regimes and advise our clients on the principles related to Turkish derivative exchange rules, as well as drafting, negotiation and finalization of derivative agreements.
We provide legal consultancy services to our clients on complex capital market transactions including, equities, structured products, securities lending, repos and primary brokerage documentation.
We provide legal assistance to local and global financial and capital market institutions including real estate investment trusts and investment funds for continuous compliance with capital markets legislation, commercial and investment banking, asset management, brokerage business, custody business and licensing and registration requirements.
We also provide continuous regulatory assistance and legal advise to local publicly-listed companies, brokerage companies, banks, foreign investment funds registered with the Capital Markets Board and other financial institutions under the supervision of the Capital Markets Board. Our experience expands to advising foreign brokerage firms, financial institutions, multi-national corporations or individual clients on structuring public offerings in Turkey and conducting the application process, public offering of Turkish companies’ shares at international stock exchanges, registration of inbound Turkish and foreign funds and all necessary follow-up procedures. Our team also provides continuous support to our clients on the complex Turkish capital market legislation in order to ensure compliance with their respective obligations arising therefrom, as well as close follow-up and advise on the changes in the applicable legislation.
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Forensic Legal Investigation
Forensic Legal Investigation
Our team leads the forensic legal investigations related to its clients in respect of various subjects/areas, such as harassment, fraud etc. In performance of such investigations, our team leads the clients, conducts interviews with employees, drafts investigation reports and informs the clients regarding actions to be taken in relation to a particular investigation.
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Full HR Support
Full HR Support
Our team provides full HR support to its clients in respect of Turkish labor law practices, including, but not limited to, handling termination procedures, drafting all kinds of documents, informing regarding social security liabilities, following up up-to-date government decisions that may have an effect on HR procedures and informing the clients, drafting memorandums and newsletters for clients in order to inform them regarding all aspects of Turkish labor law, communicating with public and private companies and governmental institutions in respect of clients’ queries.
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Hospitality and Leisure
Hospitality and Leisure
Our team assist potential/current investors, clients with their hospitality/leisure opportunities and providing legal advise regarding such sectors/areas.
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Immigration Compliance Review
Immigration Compliance Review
Bener Law Office is one of the only firms in Turkey with a team specifically dedicated to serving companies and individuals with their immigration law needs, both inbound and outbound. Though our client’s business and vision may be global, immigration law remains a local issue that requires local expertise. Our dedicated immigration team advises on every aspect of immigration including but not limited to work and residence permits, citizenship, immigration compliance review, professional equivalencies, work permit exemptions and exceptions, all visa types including assembly and montage visas, foreign press members’ short and long term visa and press accreditation applications, Turkish document procurement and legalization.
In addition to Turkish immigration and labor law advice, we are able to provide seamless global service through our memberships in Ius Laboris, an alliance of leading human resource law practitioners around the world, and the Alliance of Business Immigration Lawyers (ABIL), both organizations for which Bener is the exclusive member for Turkey. Through these alliances, Bener can assist with immigration procedures in over 45 different countries.
Our immigration group’s expertise allows us to respond quickly and effectively to immigration law issues and changes. With the international backgrounds of our team including Turkish, US and European legal practitioners, we understand your culture, business and legal system. We communicate with you promptly, clearly and concisely in your language, so you can make well-informed, timely decisions.
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Insurance
Insurance
Although the banking and financial services markets in Turkey are regulated under legal regulations, the insurance sector is currently catching up with an abundance of opportunities for foreign investor and a low market penetration. As Bener Law Firm, we provide legal consultancy to brokers, insurers, businesses and finance institutions in the fields of life, non-life and compulsory insurance, as well as credit insurance. Our experienced lawyers advise on a range of issues including:
- Legal and regulatory issues related to insurance, including licenses and regulatory investigations
- Legal issues including distribution channels and bancassurance agreements
- Agency and distribution agreements
- Reinsurance
- Product structuring – including compulsory, liability insurance and new products
- Public and private M&A transactions in the insurance sector
- Insurance and reinsurance litigation
- Legal consultancy on various insurance policies
- Labor law and employee-employer insurance obligations
- D&O, malpractice and professional liability insurances
- Individual private pensions
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Intellectual Property
Intellectual Property
We assist clients by representing them against any breach of their copyright, trademark and patent rights, providing service for IP-related trade regulations, counterfeiting, unfair trade/competition, and application for the registration of trademarks and patents.
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International Business Planning
International Business Planning
Bener provides taxation and financial consultancy services related to structuring, restructuring, investment and transactions in order to determine the most effective strategy, model, vehicle and location in terms of taxation. We advise our clients for local company or holding compant establishment, international investments and exits from the market. This includes advice on alternative and innovative solutions for Mergers and Acquisitions, insolvency, restructurings, foreign trade schemes, real estate, employment models and flow of goods/services.
Our tax expertise extends to financing and refinancing arrangements including loan agreements, related party financing, equity financing and financial instruments such as securitization and derivatives.
In terms of taxes applied in Turkey, our experience expands to, among others, tax lawsuits & disputes, corporate tax, income tax, value-added tax, stamp duty, banking and insurance transaction tax, real estate tax, municipal tax, transfer pricing, resource utilization support fund and all aspects of Turkish tax procedural law.
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Islamic Finance
Islamic Finance
Since the 1970s Islamic finance has grown significantly popular creating a sophisticated and competitive market globally. In Turkey the participation banks have been developing this market since the 1980s and key sectors such as energy, real estate and insurance are now receiving increased interest from Middle Eastern investors. As Turkey drives towards its objectives for 2023, we are seeing an increasing use of Islamic finance as a method, alongside other financial models, to raise the financing levels required.
Bener Law Office is capable of providing advice to participation banks as well as local and international institutions with Islamic finance needs or interests in Turkey. The firm advises on Islamic financing and regulatory transactions and possesses highly detailed knowledge of the legal structure in Turkey.
Our expertise in Islamic finance covers:
- Financial principles of Islamic law
- Turkish legal framework governing Islamic finance
- Existing and pending regulatory developments
- Structuring of Islamic finance transactions in line with Turkish law, in particular Murabaha, Mudarabah, Ijarah and Sukuk
- Regulatory M&As involving Islamic finance institutions
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IT and Communications
IT and Communications
Bener Law office have extensive knowledge and experience regarding IT and Communication related legal matters in Turkey. Our IT and Communications practice regularly assists our clients with the most complex legal challenges facing IT and Communications companies. Our team provide comprehensive support and legal advice including:
- Drafting Agreements and other relevant documentation
- Regulatory compliance review
- Informing clients regarding updates in legislation and potential issues
- Legal support with administrative and technical aspects of disputes regarding the telecommunications sector
- Legal support to software and social media companies regarding contract law and law terminology
- Assisting clients regarding relations with Information and Communication Technologies Authority (BTK)
- Servicing companies in various sectors, such as gaming, e-trade, social media etc., in relation to their queries
Bener Law office is also providing comprehensive advice to well-known companies in relation to their queries on Turkish law (such as, consumer law, labor law, e-trade, technology, advertisement etc.) from time to time.
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Joint Ventures
Joint Ventures
Our versatile and experienced M&A team provides legal consultancy on both domestic and cross-border M&A transactions in many industries including financial services, industry and manufacturing, energy and infrastructure, pharmaceuticals, chemicals, retail, e-commerce, food and beverage, media and telecommunications. We represent international corporate acquirers, target companies, vendors, private-equity and leveraged buyout companies, institutional and private investors and banks and financial advisors; in negotiation-based transactions including mergers, acquisitions, joint ventures, partnerships, privatizations, stock and asset sales and purchases, tender offers, leveraged buyouts, recapitalizations, minority investments, company spin-offs, option and earnings agreements and corporate restructuring.
Our firm maintains a pragmatic and deal-oriented approach for our clients, which has allowed us to advise in and complete a volume of M&A transactions that is consistently amongst the most prolific of practices in Turkey; including complex multi-jurisdictional transactions.
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Litigation
Litigation
- Company Disputes
Our team provides services to companies in many legal matters, including commercial disputes within the companies themselves. Particularly, interpretation of commercial contracts and protocols, concluded between companies and in complex shareholders disputes and litigations arising from irregularities within companies. Many of our lawyers, who are competent in their fields in the management of pre-litigation and litigation processes, represent the clients before trials and negotiations.
- Competition Disputes
Our team embodied of lawyers who are competent in the field of Competition and Anti-Trust Law. Clients benefit from our firm’s wide experienced services by receiving legal protection against companies and players that engage in anti-competitive behavior, in the markets our clients serve. Notwithstanding, we support our clients in managing the process by applying to the relevant institutions about anti-competitive behavior that constitutes unfair competition.
- Employment Disputes
Due to their intensity employment disputes require expertise. We provide services with highly recognized counsels and lawyers in mediation and litigation process, in agreement and settlement process and during the collection of the receivables.
- IP Disputes
Disputes arising from intellectual property rights can be very complex. In this context, our expert lawyers serve our clients in all disputes that may arise regarding intellectual property rights. We support our clients both in courts and alternative dispute resolution methods in intellectual property rights infringements, nullity claims, disputes regarding license agreements and any other disputes related to this field.
- Bankruptcy and Insolvency Disputes
Besides to presenting legal advice in case of liquidation, bankruptcy and insolvency of companies, we also provide services to our clients for collection of receivables from the companies in liquidation, bankruptcy and insolvency process. In this context, we conduct large-scale bankruptcy and insolvency processes.
- Partnership Disputes
Our team provides support to clients at the point of disputes between the partners of companies that have a complex legal structure. Although, these disputes can be related to the fundamental issues of the business, it can also be caused by of partners’ different interpretations to certain contract or breaching of their obligations to each other.
- Real Estate Disputes
We provide services to our clients in all areas of real estate law. Our clients benefit from our expert lawyers regarding preparation of contracts and protocols about all kinds of transactions to be made in the land registry, in negotiation process with the parties, in litigation process arising from huge loan contracts and in all kinds of disputes that may arise in this area.
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Management Buy-Out
Management Buy-Out
Our versatile and experienced M&A team provides legal consultancy on both domestic and cross-border M&A transactions in many industries including financial services, industry and manufacturing, energy and infrastructure, pharmaceuticals, chemicals, retail, e-commerce, food and beverage, media and telecommunications. We represent international corporate acquirers, target companies, vendors, private-equity and leveraged buyout companies, institutional and private investors and banks and financial advisors; in negotiation-based transactions including mergers, acquisitions, joint ventures, partnerships, privatizations, stock and asset sales and purchases, tender offers, leveraged buyouts, recapitalizations, minority investments, company spin-offs, option and earnings agreements and corporate restructuring.
Our firm maintains a pragmatic and deal-oriented approach for our clients, which has allowed us to advise in and complete a volume of M&A transactions that is consistently amongst the most prolific of practices in Turkey; including complex multi-jurisdictional transactions.
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Mediation
Mediation
Disputes between the parties are also resolved through mediators. In this context, mediation can be compulsory or optional. Our highly experienced team also represents our clients in mediation meetings.
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Medical Devices Regulations
Medical Devices Regulations
Our firm assists its clients for carrying out their liabilities in relation to the legislation on medical devices, which is regulated heavily under Turkish law, with its extensive knowledge of local regulations and its expert capabilities.
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Mergers, Acquisitions and Divestitures
Mergers, Acquisitions and Divestitures
Our versatile and experienced M&A team provides legal consultancy on both domestic and cross-border M&A transactions in many industries including financial services, industry and manufacturing, energy and infrastructure, pharmaceuticals, chemicals, retail, e-commerce, food and beverage, media and telecommunications. We represent international corporate acquirers, target companies, vendors, private-equity and leveraged buyout companies, institutional and private investors and banks and financial advisors; in negotiation-based transactions including mergers, acquisitions, joint ventures, partnerships, privatizations, stock and asset sales and purchases, tender offers, leveraged buyouts, recapitalizations, minority investments, company spin-offs, option and earnings agreements and corporate restructuring.
Our firm maintains a pragmatic and deal-oriented approach for our clients, which has allowed us to advise in and complete a volume of M&A transactions that is consistently amongst the most prolific of practices in Turkey; including complex multi-jurisdictional transactions.
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Occupational Health and Safety
Occupational Health and Safety
Our employment team is also experienced on issues related to occupational health and safety, including, but not limited to, informing clients on duties of employers and employees, liability of the primary employer where a contractor and sub-contractor relationship exists, drafting and maintaining agreements related to health and safety, reviewing and advising on information, instruction and training provided at the workplace, compliance reviews from a legal perspective, advice on administrative fines applied and compensation claims following incidents, as well as criminal negligence cases.
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Other Matters
Other Matters
In addition to the above services, during Covid-19 pandemic that has significantly affected the world, our firm was able to quickly adapt its business model and strategy to the relevant circumstances and managed to continue to provide legal assistance to our clients at a high quality level with our pro-active approach, easily adaptable and flexible business model, our strong team of partners, lawyers, of-counsels and our support staff.
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Pharmaceutical Law
Pharmaceutical Law
Our firm advises its clients, which are performing their activities at the pharmaceutical sector, in various fields, including, but not limited to, drafting and negotiating contracts, replying to their daily queries, informing them on the amendments on legislation, assisting them in relation to resolving their legal issues.
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Private Equity/ Venture Capital Investment Trusts
Private Equity/ Venture Capital Investment Trusts
Bener Law Office provides legal assistance on a wide range of matters in capital markets with its experienced lawyers.
We act as legal counsel for the registration of any capital market product with Capital Markets Board, including foreign capital funds and other foreign financial instruments. Our team is also experienced in IPOs and secondary offerings.
Our derivative practice focuses on all kinds of derivatives including, but not limited to OTC derivatives, F/X products, credit derivatives, equity derivatives and commodities, as well as on local derivative market regimes and advise our clients on the principles related to Turkish derivative exchange rules, as well as drafting, negotiation and finalization of derivative agreements.
We provide legal consultancy services to our clients on complex capital market transactions including, equities, structured products, securities lending, repos and primary brokerage documentation.
We provide legal assistance to local and global financial and capital market institutions including real estate investment trusts and investment funds for continuous compliance with capital markets legislation, commercial and investment banking, asset management, brokerage business, custody business and licensing and registration requirements.
We also provide continuous regulatory assistance and legal advise to local publicly-listed companies, brokerage companies, banks, foreign investment funds registered with the Capital Markets Board and other financial institutions under the supervision of the Capital Markets Board. Our experience expands to advising foreign brokerage firms, financial institutions, multi-national corporations or individual clients on structuring public offerings in Turkey and conducting the application process, public offering of Turkish companies’ shares at international stock exchanges, registration of inbound Turkish and foreign funds and all necessary follow-up procedures. Our team also provides continuous support to our clients on the complex Turkish capital market legislation in order to ensure compliance with their respective obligations arising therefrom, as well as close follow-up and advise on the changes in the applicable legislation.
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Privatizations
Privatizations
Our corporate and M&A team advises international investors, financial advisers and Turkish government agencies on major privatization projects in Turkey including petrochemicals, telecommunications, energy, natural gas, refinery, alcoholic beverages and power distribution. Our experienced team is equipped to advise on all aspects of privatization transactions, from structuring and due diligence through to closing.
Our firm provides legal assistance for international bids, concessions, defense contracts, public procurements, bidding processes, as well as all kinds of government contracts.
The legal assistance provided also includes advice, legal opinion and project management in privatization projects, energy projects, telecommunication projects, build-operate-transfer and build-operate projects in Turkey. We are also experienced in the latest PPP laws and have successfully completed the tender process for the largest healthcare PPP to date in the country.
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Project Finance
Project Finance
Bener Law Office has an experienced banking and finance team that has advised on large transactions, acting on behalf of sponsors, lenders, equity investors and multilateral agencies. Our strong understanding of the need for well-drafted financing documentation that protects the interests of all parties concerned has been gained through a depth of experience in this field.
Our solution-oriented team provides legal services to international and local commercial banks, investment banks, export credit agencies, multinational financing institutions as well as investors in relation to acquisition financing, project financing, equity financing, leveraged and structured financing transactions, great number of financial instruments such as subordinated loans, secured loans, syndication loans, revolving loans, bridge financing, factoring, financial leasing, debt financing, Islamic finance transactions such as Murabaha and Sukuk, ISDA Master transactions, bankruptcy and restructurings and other similar transactions.
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Public Offering Transactions
Public Offering Transactions
Bener Law Office provides legal assistance on a wide range of matters in capital markets with its experienced lawyers.
We act as legal counsel for the registration of any capital market product with Capital Markets Board, including foreign capital funds and other foreign financial instruments. Our team is also experienced in IPOs and secondary offerings.
Our derivative practice focuses on all kinds of derivatives including, but not limited to OTC derivatives, F/X products, credit derivatives, equity derivatives and commodities, as well as on local derivative market regimes and advise our clients on the principles related to Turkish derivative exchange rules, as well as drafting, negotiation and finalization of derivative agreements.
We provide legal consultancy services to our clients on complex capital market transactions including, equities, structured products, securities lending, repos and primary brokerage documentation.
We provide legal assistance to local and global financial and capital market institutions including real estate investment trusts and investment funds for continuous compliance with capital markets legislation, commercial and investment banking, asset management, brokerage business, custody business and licensing and registration requirements.
We also provide continuous regulatory assistance and legal advise to local publicly-listed companies, brokerage companies, banks, foreign investment funds registered with the Capital Markets Board and other financial institutions under the supervision of the Capital Markets Board. Our experience expands to advising foreign brokerage firms, financial institutions, multi-national corporations or individual clients on structuring public offerings in Turkey and conducting the application process, public offering of Turkish companies’ shares at international stock exchanges, registration of inbound Turkish and foreign funds and all necessary follow-up procedures. Our team also provides continuous support to our clients on the complex Turkish capital market legislation in order to ensure compliance with their respective obligations arising therefrom, as well as close follow-up and advise on the changes in the applicable legislation.
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Real Estate and Construction Law
Real Estate and Construction Law
Our lawyers who are experts in real estate matters, operate in a variety of transactions, including land purchase and sale transactions, real estate sales promise agreements, construction agreements in return for flats and lease of residential and commercial properties (including shopping malls).
We represent leading shopping mall management companies, retail companies operating shopping malls, international hotels, companies operating in the field of ready-to-use offices, real estate development companies. In addition, we benefit from our experience in this field when handling real estate components of major M&A transactions.
Lease Law
In addition to conventional real estate leasing services, we provide all aspects of consolidated support for commercial real estate projects and of building management. Our lawyers, who are experts in the provisions of Code of Obligations regarding leasing, provide support in the resolution of disputes as well as all kinds of lease transactions.
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Real Estate Investment Trusts
Real Estate Investment Trusts
Bener Law Office provides legal assistance on a wide range of matters in capital markets with its experienced lawyers.
We act as legal counsel for the registration of any capital market product with Capital Markets Board, including foreign capital funds and other foreign financial instruments. Our team is also experienced in IPOs and secondary offerings.
Our derivative practice focuses on all kinds of derivatives including, but not limited to OTC derivatives, F/X products, credit derivatives, equity derivatives and commodities, as well as on local derivative market regimes and advise our clients on the principles related to Turkish derivative exchange rules, as well as drafting, negotiation and finalization of derivative agreements.
We provide legal consultancy services to our clients on complex capital market transactions including, equities, structured products, securities lending, repos and primary brokerage documentation.
We provide legal assistance to local and global financial and capital market institutions including real estate investment trusts and investment funds for continuous compliance with capital markets legislation, commercial and investment banking, asset management, brokerage business, custody business and licensing and registration requirements.
We also provide continuous regulatory assistance and legal advise to local publicly-listed companies, brokerage companies, banks, foreign investment funds registered with the Capital Markets Board and other financial institutions under the supervision of the Capital Markets Board. Our experience expands to advising foreign brokerage firms, financial institutions, multi-national corporations or individual clients on structuring public offerings in Turkey and conducting the application process, public offering of Turkish companies’ shares at international stock exchanges, registration of inbound Turkish and foreign funds and all necessary follow-up procedures. Our team also provides continuous support to our clients on the complex Turkish capital market legislation in order to ensure compliance with their respective obligations arising therefrom, as well as close follow-up and advise on the changes in the applicable legislation.
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Regulatory and Compliance
Regulatory and Compliance
Our Regulatory and Compliance practice offers clients various legal services born of expert legal representation and strategic insight. With our extensive knowledge of local regulations and our expert capabilities, we advise clients on understanding the responsibilities and managing the risks, and how to deal with increasing complex challenges and compliance with laws and regulations as regulatory frameworks are rapidly changing around the world and transparency increases in significance.
We provide full-service regulatory and compliance representation across sectors including highly regulated industries i.e, finance, healthcare, pharmaceuticals, chemicals and energy. Our regulatory services include complex transactions to day-to-day operations, regulatory proceedings, licensing and permissions, incentives regimes, and preparation for public tenders.
Considering the risks in emerging countries as well as the cost of non-compliance, we represent companies doing business in Turkey both for preventive work and investigations carried out by administrative authorities. We have a significant knowledge and practice of conducting fraud investigations in relations to FCPA, the UK Bribery Act, and the obligatory provisions of Turkish law on anti-corruption. We are well positioned to assist clients in anti-corruption due diligence on mergers and acquisitions target and consult on the handling of internal compliance investigations and white collar crimes triggered as a result.
We also assist clients for internal ethics and compliance trainings, drafting crisis manuals, and full fledged compliance issues. Our expertise extends to establishment of integrity infrastructures and ethics programs for corporations, preparation company policies and procedures, and designing whistleblowing procedures.
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Regulatory Solutions and Licensing
Regulatory Solutions and Licensing
Our Regulatory and Compliance practice offers clients various legal services born of expert legal representation and strategic insight. With our extensive knowledge of local regulations and our expert capabilities, we advise clients on understanding the responsibilities and managing the risks, and how to deal with increasingly complex challenges and compliance with laws and regulations as regulatory frameworks are rapidly changing around the world and transparency increases in significance.
We provide full-service regulatory and compliance representation across sectors including highly regulated industries i.e, finance, healthcare, pharmaceuticals, chemicals and energy. Our regulatory services include complex transactions to day-to-day operations, regulatory proceedings, licensing and permissions, incentives regimes, and preparation for public tenders.
Considering the risks in emerging countries as well as the cost of non-compliance, we represent companies doing business in Turkey both for preventive work and investigations carried out by administrative authorities. We have significant knowledge and practice of conducting fraud investigations in relation to FCPA, the UK Bribery Act, and the obligatory provisions of Turkish law on anti-corruption. We are well-positioned to assist clients in anti-corruption due diligence on mergers and acquisitions target and consult on the handling of internal compliance investigations and white-collar crimes triggered as a result.
We also assist clients for internal ethics and compliance training, drafting crisis manuals, and full-fledged compliance issues. Our expertise extends to the establishment of integrity infrastructures and ethics programs for corporations, preparation of company policies and procedures, and designing whistleblowing procedures.
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Remote Working
Remote Working
Our employment team advises clients on queries related to remote working procedures and assists its clients with drafting and/or revising employment agreements and amendment protocols in this respect.
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Residence Permits
Residence Permits
Under the Foreigners and International Protection Law there are various types of residence permits in Turkey for which the application process is very localized and at times cumbersome. The most commonly applied categories are the dependent (family) RP and Touristic (Short Term) RP. We as Bener Law Office are able to provide support with not only these two most commonly applied categories but we also have extensive experience with all residence permit categories including the residence permit application process of foreign press members, employees who are subject to petroleum exemption, individuals who are eligible to apply for an indefinite residence permit in Turkey and many more.
We assist our clients throughout and help them navigate the entire process including multiple deadlines and legalizing documents. We strategize the timing of their application in line with their travel plans, inform them about documents that need to be collected from abroad beforehand, arrange their application packages and in-person appointment at the Migration Directorate. At the appointment date, our attorney is present at the Migration Directorate to accompany them and their family members, handle the communication with the Migration Directorate officers and present the documents. We then track the process and make follow-up visits to the Migration Directorate until the RP application is approved and the Residence Permit cards are delivered to their residential address.
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Restructuring & Insolvency
Restructuring & Insolvency
Bankruptcy, insolvency or consensual restructuring required quick actions to preserve and protect value in the business and to provide stability in the operations.
We advise debtors, administrators or creditors at all stages of the bankruptcy, insolvency or restructuring process including:
- Distressed M&A, investing and debt trading
- Negotiating agreements and repayment schedules.
- Company voluntary arrangements, administration, liquidation and receivership where company or individual assets are used to pay outstanding debts
- Credit risk management and support, swaps and safe harbor transactions
- Creditor composition and assignment agreements, schemes of arrangement and voluntary arrangements
- Debt financing
- Litigation and enforcement
- Out-of-court restructurings
- Independent advice to directors of distressed companies
- Insurance issues
- Employment, pensions and benefits advice
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Social Security Law
Social Security Law
Our employment team advises clients in relation to their queries on social security practices in Turkey, contacts Turkish Social Security Institution on such queries, where necessary, informs clients regarding their liabilities arising from social security law and conduct all other necessary proceedings to respond clients’ queries.
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Terminations
Terminations
Our employment team is very experienced in providing consultancy services to clients regarding all aspects of termination of employment within the scope of Turkish law, including, but not limited to, drafting termination documents, making risk analyzes, conducting necessary transactions etc., and in drafting relevant documents to manage the termination processes.
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Unions & Collective Bargaining
Unions & Collective Bargaining
Our team is also experienced in handling issues related to union activities for its clients, assisting them with collective bargaining process and also, our team provides advice on union-related queries of the clients.
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Visas: Work, AMS, Press etc.
Visas: Work, AMS, Press etc.
Our department has over 17 years of experience in providing assistance with various visa applications in Turkey including but not limited to Work Visas and Work Permits, Assembly and Maintenance (AMS) Visas and Press Visas. As opposed to the general immigration practice in many other countries, we provide support not only for in-country procedures but we also provide remote assistance with the visa application stage at the consular abroad. We have extensive experience with these consular posts and visa categories as well as other special type visas for sportsmen, artists, film/documentary crews, archaeologists, crewmembers and patients entering Turkey for medical treatment.
We help clients to determine the visa type best suited to their purpose of visiting Turkey, communicate to the Turkish consular post in their respective countries, assist with the reparation of application packages and arrange their in-person appointments.
Following the approval of the visa application, we also provide assistance to our clients with the visa collection step as well as in-country requirements following entry to Turkey such as residence permit application and address registration processes as well as assistance for their dependents.
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Buyukdere Cad. No: 193/4, 34394 Levent, Istanbul, TürkiyeT +90 212 270 7050 F +90 212 270 6865 [email protected]
