MONEY OF LEAVE
Turkish Commercial Code, in case of exclusion of a limited company partner from the partnership, the relevant partner leaves the partnership.
to the partner leaving the company, in order to prevent it from being considered a punitive approach.
It is stipulated that a retirement fund is paid, which corresponds to the actual value of the basic capital share.
Preparation of interim balance sheet within the partnership by the managers of the limited company for the determination of the withdrawal fund.
required. As a matter of fact, in the justification of the relevant provision, the expression “corresponding to the real value”
It is stated that at least the “balance sheet value” of the shares is expressed. However, it should be emphasized at this point
Although the determination of the withdrawal fund will be determined according to the interim balance sheet to be prepared by the partnership managers,
It is possible for the partners to object to the determined amount of this fund at any time. Accordingly, the relevant
in a case of determination to be filed in the commercial court of first instance where the partner company is located.
may request a re-determination of the amount of the withdrawal fund.
The issue of when the withdrawal fund will be due is also regulated in the Turkish Commercial Code. Accordingly, leaving
In order for the money to be due, the partner must first leave the partnership; because don’t leave
unless the general assembly decision has been taken or the expulsion lawsuit filed by the partnership.
It is not due until it is finalized. In addition, the retirement fund is (i) an available equity of the partnership.
(ii) the transfer of the basic capital shares of the issued person, or (iii) the basic capital reduction of the partnership.
In the event that he is gone, it becomes due by separation. However, the separation fund from the partnership
The unpaid part of the partner constitutes a receivable against the partnership that comes after all the creditors.
We would like to emphasize. The due date of the unpaid portion of the retirement fund can be used in the annual report.
begins with the determination of the equity amount; however, the shareholders’ equity of the partnership does not cover the leaving money of the leaving partner.
if it is insufficient to pay, the basic capital of the partnership will be reduced and the
the necessary payment must be made to the partner
