📜 Definition
Who Is a Commercial Lawyer in Turkey?
Commercial lawyer is the term used for lawyers who advise on legal relationships concerning commercial enterprises, trading companies and negotiable instruments, and who handle court cases arising from these relationships; in practice they are also known as Turkish corporate lawyers. From a company’s incorporation to its day-to-day contracts, and from relations between partners to debt collection, a Turkish commercial lawyer works to protect the client’s legal position at every stage of business life.
Commercial law in Turkey is the branch of private law that governs the activities of merchants and commercial enterprises. Its main source is the Turkish Commercial Code No. 6102; the Code consists of six books: commercial enterprises, trading companies, negotiable instruments, transport, maritime trade and insurance law. For commercial contracts, the general provisions of the Turkish Code of Obligations No. 6098 also apply. For details, see our Commercial Law page.
In commercial disputes, most mistakes are made not at the court stage but when a contract is signed or a corporate resolution is adopted: a vague payment term, a missing letter of authority or a general meeting resolution not adopted properly can be the start of a lawsuit lasting years before the Turkish courts. That is why one of the most important tasks of a Turkish business lawyer is to prevent a dispute before it arises.
🗂️ Duties
What Does a Commercial Lawyer Do in Turkey?
In business life, legal risks directly affect a company’s finances. The core duties of a commercial lawyer in Turkey are:
Drafting commercial contracts
Sales, distribution, dealership, agency, franchise and supply agreements are drafted and negotiated, and risky clauses are reported. For details, see our Contract Law page.
Company formation and corporate matters
Choosing the company type and incorporation, articles of association, capital increases and decreases, share transfers, and general meeting and board resolutions are prepared.
Collecting commercial debts
Formal notices, enforcement proceedings and lawsuits are handled for invoice, current account, cheque and promissory note receivables; the tools of debt enforcement and bankruptcy law are used effectively.
Litigation and mediation
Before commercial cases are filed, mandatory mediation meetings are conducted; if no settlement is reached, the litigation is followed through at the Commercial Court of First Instance.
Legal compliance and risk management
The company’s compliance with data protection, competition law and consumer legislation is reviewed, and internal policies are updated.
International trade and arbitration
Contracts with foreign companies, the governing law and arbitration clauses are drafted; international arbitration and the enforcement of foreign judgments and awards are followed through.
⚖️ Types of cases
Which Cases Does a Commercial Lawyer Handle in Turkey?
The work of a commercial lawyer in Turkey covers a wide range, from commercial debts to disputes between company partners, and from trademark and unfair competition cases to international commercial disputes. Cases arising from matters regulated in the Turkish Commercial Code, and cases concerning the commercial enterprises of both parties, are commercial cases and are heard by the Commercial Court of First Instance.
1. Commercial Debt and Negotiable Instrument Cases in Turkey
Turkish commercial lawyers handle the whole process for unpaid receivables, the most common problem companies face, from enforcement proceedings to an action for the annulment of an objection. The main matters in this group are:
2. Company and Shareholder Disputes in Turkey
Disputes within a company usually arise from conflicts of interest between partners, managers and the company itself. In this field, a Turkish corporate lawyer looks for a solution through both litigation and negotiation; for the general framework, see our article on corporate law.
🧱Company Formation in Turkey›
📊Tax Liability in Companies›
🧮Tax Lawyer in Turkey›
3. Competition, Trademarks and International Trade in Turkey
®️Trademark Registration and Infringement›
🌍Opening a Branch Office›
🏷️Opening a Liaison Office›
🌐 International and digital trade
The Role of International Trade and E-Commerce Lawyers in Turkey
Cross-border trade and online selling carry legal risks of their own. Turkish commercial lawyers working in these fields take into account not only Turkish legislation but also international conventions and platform rules.
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Foreign trade lawyer in Turkey
A foreign trade lawyer structures import and export contracts, delivery terms, payment security and customs procedures from a legal perspective, and represents the client in disputes with a foreign buyer or seller.
🌍
International trade lawyer in Turkey
An international trade lawyer advises foreign investors on setting up a company or opening a branch, on international distribution agreements and on arbitration proceedings.
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E-commerce lawyer in Turkey
An e-commerce lawyer ensures compliance with rules specific to digital trade, such as terms of use, distance sales contracts, privacy policies and influencer advertising rules.
🛡️ The lawyer’s role
Why Legal Support Matters in Commercial Transactions in Turkey
Companies can handle most of their day-to-day transactions with their own in-house teams. However, many legal mistakes made in business life in Turkey have financial consequences that are hard to repair once they are noticed.
Without a lawyer
✖Risks Without Legal Support in Turkey
- Contracts: Vague payment, delivery or termination clauses may be interpreted against the company when a dispute arises.
- Corporate resolutions: Under Turkish law, general meeting or board resolutions not adopted properly carry a risk of annulment or nullity.
- Receivables: Enforcement proceedings not started in time can allow the debtor to hide assets or let the time limit run out.
- Deadlines: Missing the deadlines for objections, formal notices and lawsuits leads to a permanent loss of rights.
With a lawyer
✔What a Commercial Lawyer in Turkey Secures
- Preventive advice: Contracts and corporate transactions are reviewed from a legal perspective before any dispute arises.
- The right documents: Resolutions, contracts and formal notices are prepared in line with the formalities required under Turkish law.
- Faster collection: Interim legal protection such as a precautionary attachment is considered, and enforcement is started without delay.
- Effective representation: Mediation and court proceedings are handled without missing deadlines and with the right evidence.
✅ Choosing a lawyer
How to Choose a Commercial Lawyer in Turkey
Choosing the right commercial lawyer matters for managing your company’s legal risks properly. What to look for when searching for a Turkish business lawyer or company lawyer, whether in Istanbul or any other city in Turkey:
01
Experience in the field
A lawyer who regularly handles commercial debt, company and contract disputes can spot common mistakes in advance.
02
Understanding your sector
Import, construction, software or retail: every sector has its own contract and risk structure.
03
Up-to-date knowledge of the law
Commercial, competition and data protection legislation changes often; your lawyer should keep up with these changes.
04
Languages and international experience
For companies with foreign partners or customers, a lawyer who can handle contracts and correspondence in English is important.
05
Clear communication
Work with a lawyer who explains the risks and options clearly and replies to your questions on time.
06
No advertising claims
Advertising is prohibited for lawyers; claims such as “the best commercial lawyer” breach professional rules.
07
Realistic assessment
No lawyer can guarantee the outcome of a case; choose one who shares the strengths and weaknesses from the start.
08
Confidentiality
Your trade secrets and financial information are sensitive; your lawyer must strictly observe the duty of confidentiality.
09
Written agreement and transparent fees
The scope of the service and the legal fee should be set out in a written engagement agreement before work begins.
💳 Fees
How Are Commercial Lawyer Fees Determined in Turkey?
In the Turkish legal system, commercial lawyer fees depend on the type of work, the value in dispute, the complexity of the file and the effort involved. The Minimum Attorney Fee Tariff, prepared by the Union of Turkish Bar Associations and published every year in the Official Gazette, sets the lower limit for legal fees; a lawyer cannot take on a case for less. The Istanbul Bar Association also publishes a recommended fee schedule every year.
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Advice and contracts
Contract drafting, legal opinions and corporate transactions are usually priced according to the scope of the work.
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Ongoing legal advice
Regular support to companies can be provided under monthly or annual retainer agreements whose scope is agreed in advance.
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Litigation and enforcement
In commercial litigation before the Turkish courts, the fee depends on the value in dispute and the complexity of the file; court fees, expert and service costs are calculated separately.
An exact fee cannot be given without reviewing the file. It is advisable to have the fee and the scope of the service set out in a written engagement agreement.
🏢 C&B Law Firm
C&B Law Firm – Commercial Lawyer in Turkey
From its office in Istanbul, Turkey; C&B Law Firm handles commercial and corporate law matters for Turkish companies and foreign investors in English and Turkish. Our team of Turkish commercial lawyers supports clients in collecting commercial debts, shareholder disputes, commercial contracts, trademark and unfair competition cases, and in setting up foreign companies’ operations in Turkey.
Our services are not limited to Istanbul: we also handle commercial files across Turkey, including Istanbul, Ankara, Izmir, Bursa, Kocaeli and other cities. In Istanbul, we conduct commercial cases before the Commercial Courts of First Instance, mainly at the Çağlayan, Bakırköy and Kartal (Anatolian) courthouses. Every file is run under the supervision of our partners, and the possible risks and options are shared openly with the client from the start.
❓ Frequently asked questions
Frequently Asked Questions About Commercial Lawyers in Turkey
Do you only work with companies in Istanbul?
No. Although our office is in Istanbul, we provide legal support to companies and merchants anywhere in Turkey. Lawyers can handle court cases and enforcement proceedings nationwide, regardless of the bar association they belong to. We handle your file in the relevant city, and meetings can be held in person or online.
Which court hears commercial disputes in Turkey?
Commercial cases are heard by the Commercial Court of First Instance. Where there is no such court, the Civil Court of First Instance hears these cases in its capacity as a commercial court. Which court has territorial jurisdiction depends on the subject of the case and on any jurisdiction clause in the contract between the parties.
Is mediation mandatory before filing a commercial debt case in Turkey?
Yes. For commercial cases whose subject is the payment of a sum of money, such as receivables and compensation claims, applying to a mediator before filing a lawsuit is a precondition for the case. If no agreement is reached in mediation, a lawsuit can be filed. For the process, see our article on the mediation process.
Is there a difference between a commercial lawyer and a company lawyer?
Neither is an official title, and in practice they are often used to mean the same thing. “Company lawyer” is used mostly for a company’s incorporation, corporate resolutions and partnership relations; “commercial lawyer” is also used for commercial debts, negotiable instruments and commercial contract disputes.
How can a foreign company get support to set up a business in Turkey?
We provide legal support on choosing the company type, incorporation, opening a liaison office or a branch, and on tax and work permit matters. Correspondence and contracts can also be handled in English.
Do I have to be in Turkey or attend hearings in a commercial case?
As a rule, no. The lawyer you appoint by power of attorney files the case, attends the hearings, follows expert examinations and keeps you informed at every stage. If the court decides to hear you in person, you will be told in advance. We hold our meetings through online legal consultation and can conduct your file without you needing to travel to Turkey.
Do you draft contracts in English or in two languages?
Yes. For transactions with foreign partners or international elements, we draft contracts in Turkish, English or both, and set the governing law and dispute resolution clauses (courts or arbitration) according to the structure of the transaction.
✉️ Contact
Contact a Commercial Lawyer in Turkey
C&B Law Firm
Whether your company is in Istanbul or any other city in Turkey, you can request an appointment through our contact channels for a legal assessment from a Turkish business lawyer. Meetings with clients in other cities or abroad can also be held online.
Att. Orbay Çokgör – Istanbul Bar Association, Reg. No. 43403
Arya Plaza No: 17/4, 34381
Şişli / Istanbul, Turkey
09.00 – 18.00