Crime Of Execution And Bankruptcy-

Not Wanting The Bankruptcy Of The Capital Company

Persons or liquidators authorized to administer and represent the Company shall be entitled to the İİK Art. 179, they are punished for the crime of not wanting the bankruptcy of the capital company by stating why the company's assets are not sufficient to cover its debts.

In order to prevent the bankruptcy of the capital company, the persons authorized to represent the company or the cooperative and the administration should not have the intent or fault of not wanting the bankruptcy of the company or the cooperative. And, of course, the assets of the company or co-operative should not be sufficient to cover the debts. If these conditions are not fulfilled, it will not be possible to punish the persons authorized to the administration and the representative for enforcement offenses.

Since the follow-up of the offense of not wanting the bankruptcy of the capital company depends on the complaint, the creditors should complain within three months from the day they learn that the crime has been committed and probably within a year. The complainant must be solely from the creditors of the company, so it should be determined by the court in charge whether the complainant is credited from the company.

The court responsible for the offense is the Executive Criminal Court. The competent court is the court where the company's transaction center is located or the court where the executive directorate is followed.