16 May Separation Fund
The Turkish Commercial Code states that if a limited liability company partner is excluded from the partnership, the relevant partner must leave the partnership
in order to avoid being considered as a punitive approach, it has stipulated that the partner who leaves the company should be paid a separation fund equivalent to the actual value of the main share of capital.
In order to determine the decoupling,an interim balance sheet must be prepared by the directors of a limited liability company in partnership. As a matter of fact, it is stated in the justification of the relevant provision that the “balance sheet value” of the shares is expressed with the expression “equivalent to the actual value”. But at this point it is necessary to underline
although the determination of decoupling will be determined according to the interim balance sheet to be prepared by the partnership directors,it is possible that the partners may always object to the determination of this accen. Accordingly, the location of the relevant partner company is in question with a determination case to be filed in the Commercial Court of First Instance
he will be able to request a re-determination of the amount of the separation Maple.
The issue of when the secession will be muaccel is also regulated in the TTC. Accordingly, in order for the separation to be a muaccel, the partner must first be separated from the partnership; agriculture
akçı will not be muaccel unless the decision of the General Assembly has been taken or the extraction case filed by the partnership has been finalized. In addition, the separation fund,(i) the partnership has an available equity, (ii) the transfer of the Principal Capital shares of the issued person, (iii)the principal capital reduction of the partnership
if he’s gone, he’ll be muaccel with separation. However, the part of the separation fee that is not paid to the partner who leaves the partnership creates a claim against the partnership that comes after all creditors
we’d like to emphasize. The maturity of the unpaid portion of the separation fee begins with the determination of the amount of available equity in the annual report; however, if the equity of the partnership is insufficient to pay the separation fee of the departing partner, the principal capital of the partnership is reduced and thus separated from the partnership
the necessary payment must be made to the partner.
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