Legal Consultancy Services for Companies

Legal Consultancy for Companies in Turkey

In today’s business world and competitive environment, it is a reality that companies operate not only in commercial activities but are also intertwined with various branches of law—from contracts to employee relations, from digital transactions to brand management. For companies operating in Turkey, corporate legal consultancy has become an indispensable need in terms of ensuring compliance with legal obligations, mitigating risks, strengthening commercial contracts and protecting the company through relevant clauses, reinforcing the corporate structure, and ensuring the satisfaction of employees, consumers, and business partners.

Why Legal Consultancy Services Are Essential for Companies

Legal consultancy services for companies aim not only to resolve existing legal issues but also to develop preventive solutions before such issues arise. In this context, the consultancy process is evaluated through two fundamental approaches: preventive (proactive) legal consultancy and remedial (reactive) legal consultancy.

Companies that establish a continuous and comprehensive legal consultancy relationship not only face fewer legal problems but also gain the following advantages:

Compliance with regulations and current legislative changes, as well as the strengthening of the company’s legal infrastructure,
Legal consistency in the execution of contracts and contractual obligations; legal protection of the company through various contractual clauses; establishment of a balance of power between the parties within the contract; and development of trust in contractual relationships,
Trust and transparency in employer-employee relations, leading to increased employee satisfaction,
Protection of the brand, trade name, inventions, reputation, and trade secrets; establishment of trust between the company and the consumer; and enhancement of consumer satisfaction,
Ensuring legal compliance in both national and international operations,
Saving time and costs by preventing disputes before they arise.

Preventive (Proactive) Legal Consultancy for Businesses

Preventive legal consultancy focuses on avoiding legal disputes before they arise. This type of consultancy encompasses legal measures taken in advance, strategic planning, and legal guidance provided to preempt potential conflicts. It may include the drafting of policies and internal regulations following the establishment of the company; obtaining necessary permits and licenses; registering with relevant systems; and preparing commercial documents, texts, and contracts such as trade agreements or employment contracts for staff.

Key Elements of Preventive Legal Consultancy Services

Additionally, legal consultancy may be required to ensure compliance with applicable laws and regulations, identify potential risks, and develop strategic plans accordingly. It may also involve providing training for employees and relevant departments. The objective of this consultancy model is to foresee potential legal issues and legally safeguard the company’s operations against such risks.

Thanks to preventive legal consultancy services, companies can eliminate potential legal problems before they escalate into litigation, thereby avoiding potential penalties or reputational damage. In this respect, obtaining legal consultancy from a lawyer immediately after the establishment of a company is of great importance for early risk management.

Remedial (Reactive) Legal Consultancy for Companies

Remedial legal consultancy (also known as reactive legal consultancy) refers to legal support provided after a dispute or legal issue has arisen. This approach aims to resolve legal problems in the most appropriate manner for the company, minimize damages, and manage the legal process as efficiently as possible.

What Does Remedial Legal Consultancy Include?

Through this type of consultancy, companies are able to take swift and accurate action during times of crisis, thereby preventing or reducing both financial and reputational losses. Legal consultancy provided under this category can generally be outlined as follows:

Initiating legal proceedings or enforcement actions, and managing ongoing litigation and enforcement processes,
Representing the company in mediation and settlement negotiations,
Representing the company during disciplinary investigations and in employment-related disputes,
Providing legal support and consultancy in defence and objection mechanisms in the face of administrative sanctions,
Managing correspondence and legal procedures with regulatory authorities such as the Competition Authority, the Personal Data Protection Authority, and other inspection authorities.

Legal Consultancy on Company Formation and Management in Turkey

For both domestic and foreign entrepreneurs seeking to enter the business world and relevant sectors in Turkey, the establishment of a company and its effective management are foundational steps toward achieving business objectives and securing a lasting position in the market. Operating in compliance with commercial law, tax legislation, and other applicable legal frameworks in Turkey is a prerequisite for building a sustainable business model.

Legal Support During Company Formation

In this context, legal consultancy services related to company formation and corporate management aim to ensure a solid foundation in the initial stages while also supporting legal compliance and corporate efficiency in the long term. Legal consultancy on company formation typically includes:

Determining the appropriate company type,
Collecting the required documents,
Ensuring compliance with relevant legislation,
Obtaining sector-specific permits and licenses if necessary (before or after the establishment),
Overseeing the practical steps of establishing the company.

Post-Establishment Legal Consultancy Services

Following the establishment of the company, legal support may continue in relation to corporate governance, decision-making, and implementing legal transactions arising from those decisions. Legal consultancy provided in this regard may particularly cover the following areas:

Accurate determination of the most suitable company type based on specific needs,
Preparation and verification of required documents for company formation,
Submission of the incorporation application to the relevant department of the Istanbul Chamber of Commerce,
Opening a corporate bank account,
Registering the company with the trade registry,
Drafting the articles of association,
Obtaining a tax certificate for the company,
Engaging a certified public accountant (CPA) in cases where the company does not have an internal accounting department,
Issuance of the signature circular,
Obtaining company books.

Post-establishment legal support may also cover:

Holding general assembly meetings,
Drafting board of directors’ resolutions,
Capital increases or reductions,
Change of the company’s registered address,
Transformation of company type,
Mergers and acquisitions including legal due diligence,
Drafting internal regulations,
Maintaining statutory books,
Establishing branch offices.

Upon request, legal consultancy is also provided to ensure the company remains in compliance with all relevant legislative requirements.

Customized Legal Consultancy Based on Company Needs

The scope of legal consultancy is tailored to the specific needs of each company and is therefore not limited to the matters listed above. Legal consultancy services related to company formation and management are generally provided in coordination with certified public accountants (CPAs). For more detailed information, particularly on the formation of joint stock companies and limited liability companies in Turkey, you may refer to our previously published articles available on our website.

Labour Law Consultancy for Companies in Turkey

Legal consultancy in the field of labour law is of great importance for companies operating in Turkey to manage their workforce efficiently and in compliance with the law, to ensure employee satisfaction, and to minimize legal risks that may arise in employer-employee relations. In this context, legal consultancy services provided by labour law attorneys have become a vital area of support that contributes directly to the operational security of businesses.

Preventive and Strategic Labour Law Support

Labour law consultancy is not limited to resolving disputes; it also encompasses preventive legal services, enabling the resolution of potential issues before any conflict arises between employer and employee. Legal consultancy in this field is generally provided in coordination with a company’s human resources and accounting departments, ensuring that these departments are also properly informed and supported.

Key Areas of Labour Law Consultancy Services

Labour law consultancy provided to companies typically covers the following areas:

Drafting all types of employment contracts, including fixed-term and indefinite-term contracts; determining the most appropriate type of agreement for both the company and the employee; and tailoring contract provisions to the specific circumstances of the employment. Particular attention is given to clauses related to the probationary period, non-compete violations, protection of intellectual property, termination, and confidentiality.
Advising on proper creation and management of employee personnel files, highlighting key legal considerations in the process.
Providing consultancy on terminations, including wrongful termination, termination with just cause, and termination with valid cause; preparing relevant documentation, notifications, and risk assessments, especially for reinstatement claims.
Drafting employment-related documents, such as acknowledgment forms, overtime consent forms, confidentiality agreements, employee information notices under the Personal Data Protection Law (KVKK), and explicit consent forms.
Guidance on legal notices to employees and overseeing the service of such notices via notary channels.
Collaborating with the HR department to address all employment law-related legal consultancy needs of the company.
Informing employers of obligations under Law No. 6331 on Occupational Health and Safety, providing strategic advice to prevent workplace accidents, and legal support if such accidents occur.
Legal representation in employment lawsuits, including employee receivables, union compensation, reinstatement, and workplace harassment (mobbing) in both mediation and litigation phases.

Ongoing Legal Support Tailored to Employment Law Needs

The topics listed above represent the primary areas in which labour law legal consultancy can be provided, but they are not exhaustive. Legal services may be extended to cover any legal need related to employment law and regulatory compliance that a company may encounter in Turkey.

Legal Consultancy for Companies on Commercial Law in Turkey

Commercial law, which defines the legal framework of business life, encompasses a broad spectrum ranging from company formation to operations, from commercial contracts to corporate responsibilities. For all capital and sole proprietorships operating in Turkey, compliance with the Turkish Commercial Code and other relevant legislation—as well as protection from the legal risks of commercial activities—is essential to achieving sustainable growth in their respective sectors.

Scope of Legal Consultancy Services in Commercial Law

In this context, legal consultancy services provided to companies by attorneys under the scope of commercial law include both preventive legal services and the effective management of commercial disputes. Our attorneys offer legal consultancy to companies in the following areas within the framework of commercial law. However, the scope of our legal consultancy is not limited to the matters listed below:

Drafting commercial contracts such as sales, service, distributorship, agency, lease, and transportation agreements,
Reviewing contracts prepared by the company,
Conducting contract risk analyses, engaging in negotiations regarding contractual risks,
Revising contracts and ensuring their compliance with relevant legislation.
Providing legal consultancy to ensure the company’s activities comply with the legal regulations of its relevant business sector and established commercial practices.
Initiating non-judicial enforcement proceedings related to commercial receivables,
Managing actions for annulment of objections, initiating and monitoring mediation processes,
Filing lawsuits before competent commercial courts, following up on case files, and conducting judicial enforcement after enforceable judgments.
Providing legal consultancy on unfair competition and competition law compliance.
This includes:
- Filing and pursuing civil lawsuits for damages arising from unfair competition,
- Initiating and monitoring preservation of evidence actions,
- Filing criminal complaints with competent prosecutor’s offices,
- Monitoring investigation and prosecution processes before relevant criminal courts.

Legal Consultancy for Companies on Protection of Intellectual and Industrial Property Rights in Turkey

In today’s business environment, where global competition is rapidly intensifying, brands, inventions, designs, and original content have become some of the most valuable intangible assets for companies. The protection and effective management of these assets are made possible through legal consultancy services provided within the framework of intellectual and industrial property law.

Companies operating in Turkey are entitled to register, protect, and take effective action against infringements of their intellectual and industrial property rights under:

Law No. 6769 on Industrial Property,
Regulation on the Implementation of the Industrial Property Law,
Law No. 5846 on Intellectual and Artistic Works,
Article 57 and Articles 100–111 of Customs Code No. 4458,
The Customs Regulation,
and international agreements such as TRIPS, the Paris Convention, and the Berne Convention.

Key Areas of Legal Consultancy in Intellectual and Industrial Property Law

Legal consultancy services provided to companies in this field generally include, but are not limited to, the following:

1. Trademark Protection

Providing consultancy on the trademark registration process,
Filing trademark applications and conducting similarity searches,
Identifying the appropriate Nice Classification codes,
Monitoring trademark renewals and managing protection strategies (national & international),
Issuing cease-and-desist letters in case of infringement,
Initiating trademark infringement lawsuits,
Filing actions for invalidation of infringing trademarks,
Preserving evidence and gathering documentation,
Drafting trademark licensing and assignment agreements,
Applying for preliminary injunctions.

2. Confidentiality and Trade Secrets

Drafting Non-Disclosure Agreements (NDAs) with business partners, employees, and suppliers,
Initiating civil and criminal proceedings in cases of unauthorized use, acquisition, or disclosure of trade secrets.

3. Patent Protection

Consultancy on patent applications,
Conducting international similarity searches,
Reviewing application specifications and handling search/examination reports,
Filing national and international patent applications,
Monitoring patent renewal fees,
Managing patent infringement lawsuits, including injunctive relief, damages, and evidence preservation,
Filing lawsuits for invalidation of patents,
Drafting patent licensing and assignment agreements,
Providing consultancy on employee inventions.

Further Resources

Further details regarding trademark, design, patent, and utility model applications, as well as infringement and invalidation lawsuits, can be found in the articles previously published on our website under the scope of legal services in intellectual and industrial property law.

Legal Consultancy for Companies on Compliance with the Personal Data Protection Law (KVKK) in Turkey

The Law on the Protection of Personal Data No. 6698 (KVKK) imposes significant obligations on all natural and legal persons operating in Turkey regarding the processing, storage, and transfer of personal data. Given the risk of substantial administrative fines and reputational damage arising from non-compliance, it is of critical importance for companies to manage their KVKK compliance processes with the support of legal consultancy services provided by lawyers specialized in this field.

Legal consultancy services under the Personal Data Protection Law not only help mitigate legal risks but also contribute to building a corporate data governance culture within the company.

Exemption From VERBIS Registration

It is important to note that, pursuant to Board Decision No. 2018/87 (Official Gazette dated 18.08.2018) and Board Decision No. 2023/1154 (dated 06.07.2023), data controllers whose primary field of activity does not involve processing special categories of personal data, and who have fewer than 50 employees and an annual balance sheet total under TRY 100 million, are not required to register with the Data Controllers’ Registry (VERBIS).

Scope of KVKK Compliance Legal Consultancy Services

1. Assessment of Data Processing Activities

Analyzing existing data processing by department,
Identifying processed personal data via meetings with company representatives,
Appointing a company contact person for KVKK compliance,
Preparing a data processing inventory,
Identifying processing purposes and methods,
Assessing data security vulnerabilities,
Auditing technical safeguards and internal IT contact designation.

2. Preparation of Informative Materials

Drafting privacy notices and data subject policies,
Preparing email footers and customized notifications for employees, customers, and suppliers,
Drafting confidentiality agreements,
Ensuring compliance across websites, mobile apps, and other digital platforms.

3. Explicit Consent Management

Identifying cases requiring explicit consent,
Drafting consent forms in line with legal requirements,
Managing consent withdrawal and deletion procedures.

4. Data Controller Obligations

Consulting on company responsibilities under KVKK,
Managing and updating VERBIS registration,
Designing internal procedures for data subject access requests,
Drafting data deletion, destruction, and anonymization policies.

5. Contract Review and Internal Policy Compliance

Reviewing employee, customer, and vendor contracts,
Inserting KVKK-compliant clauses in contracts with data processors,
Revising internal policies, disciplinary rules, and procedural documents.

6. Awareness and Training

Delivering KVKK awareness training to personnel and management,
Organizing department-specific workshops,
Establishing internal behavioral standards to minimize data breach risks.

7. Incident Response Planning

Creating data breach response plans,
Implementing automated alert systems,
Designing post-breach reporting and communication flows,
Setting up incident management flow charts.

Tailored Technical and Administrative Measures

It should be emphasized that technical and administrative measures required for KVKK compliance are not standard or fixed. They must be determined based on each company’s:

Field of activity,
Structure and organization,
Data processing methods,
Types and sensitivity of data being processed,
Purposes of data processing.

Legal Consultancy in the Scope of Mediation and Litigation Case Management in Turkey

Companies operating in the relevant sector may, over time, encounter various disputes arising from business relationships, executed contracts, and issues related to commercial transactions or unsettled receivable-payable balances. In such cases, obtaining professional legal consultancy can facilitate an effective and swift resolution of the issue and prevent the company from incurring more significant financial and/or reputational losses.

Mediation as a Legal Requirement in Turkey

In Turkey, especially in employment and commercial disputes, initiating a mandatory mediation process before filing a lawsuit is a legal requirement. Mediation is a fast and cost-effective alternative dispute resolution (ADR) method aimed at reaching an amicable settlement between parties. Successfully managing the mediation process often eliminates the need for litigation, which could otherwise last for years.

Legal Consultancy Services During the Mediation Phase

Evaluation of the dispute and formulation of a resolution strategy,
Filing the mediation application and establishing communication with the opposing party,
Participation in mediation meetings and conducting negotiations,
Drafting and reviewing the settlement agreement in case of reconciliation,
Reviewing the non-settlement minutes if no agreement is reached and planning the transition to litigation.

Litigation Case Management for Unresolved Disputes

For disputes that cannot be resolved through mediation or that must be directly brought before a court, litigation becomes inevitable and may span several years. At this point, it is crucial that the legal process be managed by attorneys to effectively defend the company’s rights.

Legal Services Provided During the Litigation Process

Legal analysis and evidence assessment before filing a lawsuit,
Preliminary estimation of litigation costs,
Preparation of petitions and statements of claim or defence, compilation of evidence lists, and translation of foreign language documents,
Procurement of necessary documentation and information,
Filing lawsuits with preliminary injunction requests and pursuing such orders,
Legal representation of the company before courts,
Monitoring witness statements, expert reports, and on-site inspections; drafting responses and objections,
Filing of appeals and supreme court petitions if necessary,
Enforcement of judgments and initiating post-litigation legal remedies.

Changing Legal Representation During Ongoing Litigation

In some cases, companies may wish to engage a new attorney while litigation is already ongoing. In such situations, Article 172 of the Attorneyship Law must be considered.

Client Rights and Attorney Consent Under Article 172

A client may involve other attorneys in the prosecution and defence of a matter with the written consent of the first attorney with whom the initial agreement was made. The client must formally request this consent via a notice or letter providing at least one week for response. If the attorney does not respond within this period, consent is deemed granted.

In other words:

If the first attorney either does not respond or gives a positive response within one week, both attorneys may jointly handle the case.
If the first attorney refuses to give consent, the power of attorney terminates automatically, and the client remains obligated to pay the full agreed fee to the first attorney.
If the case is handled jointly with the first attorney’s consent, no deductions can be made from their fee.

Legal Consultancy Services in the Scope of Companies’ Enforcement Proceedings in Turkey

Creditor-debtor relationships, which are an inevitable part of commercial life, may at times lead companies to face uncollectible receivables, defaulting debtors, or counterparties at risk of bankruptcy. At this point, professionally managed legal enforcement proceedings under debt enforcement and bankruptcy law in Turkey are of critical importance for maintaining the company’s financial balance and ensuring sustainability.

Why Legal Support in Enforcement Matters is Crucial

Obtaining legal consultancy from attorneys has become both a strategic measure and an operational necessity for companies aiming to recover their receivables in a timely and effective manner. The success of enforcement proceedings—whether based on a court judgment or initiated without one—depends on:

Developing the right legal strategy,
Taking timely and compliant actions,
Effectively monitoring the debtor’s assets and solvency.

With professional legal support, companies can:

Minimize time and cost losses during the debt collection process,
Avoid unnecessary lawsuits and related expenses,
Secure the recovery of receivables efficiently,
Maintain a strong and sustainable financial structure,
Establish a systematic, legally compliant receivables management process.

Legal Consultancy Services Provided in Enforcement Proceedings

Companies may benefit from the following services as part of enforcement law consultancy:

Legal analysis of the receivable, including documentation and contract review,
Identification of the appropriate enforcement method (with or without judgment),
Preparation of the enforcement request and payment order, ensuring proper service via official channels,
Filing lawsuits before the competent court to annul objections raised by the debtor within the legal time frame,
Planning and executing seizure (attachment) procedures,
Negotiating with debtors, drafting installment/payment plans, and formalizing settlement agreements.

Legal Consultancy Service Fees for Companies in Turkey

Legal consultancy services provided to companies constitute a professional legal service tailored to the client’s specific needs and requiring qualified legal expertise. Accordingly, consultancy fees may vary depending on:

The scope and duration of the service,
The nature and complexity of the matter,
Whether the service is provided on a continuous or project basis.

Minimum Attorneyship Fee Tariff in Turkey

The Minimum Attorneyship Fee Tariff, published annually by the Union of Turkish Bar Associations, sets minimum thresholds for all legal services, including consultancy. However, attorneys are legally entitled to determine their fees above these minimums.

In practice, attorneys may also refer to the Minimum Fee Schedule Between Attorney and Client, published by the Istanbul Bar Association for the relevant year when determining their consultancy rates.

Fee Models for Legal Consultancy Services

For ongoing consultancy relationships, a monthly retainer model is commonly preferred.
For short-term or issue-specific legal support, hourly or per-file billing is typically applied.
In litigation cases, project-based legal fees are generally agreed upon depending on the complexity and workload involved.