Solution to enforcement proceedings, collection of receivables and corporate legal needs of companies.
Enforcement and corporate law bring together two important aspects of commercial activity: the effective collection of receivables and the management of a company's legal risks before they arise. If contracts, invoices, delivery records, and company resolutions are not in order, even a seemingly strong receivable can become disputed during the collection stage.
Attorney Ahmet Emre Çimen does not view the file solely as an enforcement proceeding in the legal support he provides to companies and creditors or debtors. The source of the receivable, the commercial relationship between the parties, guarantees, the company structure, and potential litigation costs are all evaluated together.
Pre-Collection Review of Receivables
Before deciding on the course of enforcement, the contract, invoice, ledger account, delivery note, correspondence, warning, and payment records are gathered. The status of the debtor, the maturity of the debt, interest arrangements, authority, and statute of limitations are examined. Enforcement that is initiated quickly but incorrectly set up can lead to loss of time and cost.
Types of Enforcement Proceedings
Enforcement without judgment
Enforcement based on a judgment
Enforcement specific to negotiable instruments
Enforcement through the liquidation of collateral
Enforcement related to rent claims and eviction
Precautionary seizure and temporary protection requests
If the Enforcement is Objected To
The debtor's objection in time may lead to the suspension of the enforcement. The creditor may consider either removal of the objection or annulment of the objection depending on the nature of the document in their possession. The scope of the objection, the date of notification, and the application period should be examined carefully.
Seizure and Collection Strategy
The aim in seizure procedures is not to unduly pressure the debtor, but to collect the receivable from the assets allowed by law. Different procedures are applied in terms of bank accounts, wages, movable and immovable assets, and rights and claims against third parties. Claims of non-seizure and entitlement are also evaluated separately.
Company Formation and Shareholding Structure
It is not sufficient to only complete the trade registry procedures when establishing a company. Share ratios, representation authority, capital obligations, decision quorums, share transfer, non-compete clauses, and exit scenarios from the partnership should be planned from the beginning. The responsibilities of the articles of association may differ from the partnership agreement.
Daily Legal Needs of Companies
FieldLegal workPrevented risk
ContractsPreparation and negotiationUncertain obligation
Corporate decisionsGeneral assembly and management recordsInvalidity of decisions
Receivables managementMaturity, collateral, and follow-upCollection delay
Employee relationsContract and termination controlLabor dispute
Personal dataProcess and text complianceAdministrative and reputational risk
Disputes Between Partners
Disputes may arise on matters such as information access, profit shares, capital increase, management authority, share transfer, and leaving the company. Temporary measures, negotiation, and litigation options should be considered simultaneously to prevent the commercial activity from stopping. The assets of the company and the partner should not be mixed.
Contract and Collateral Arrangement
The collectability of the receivable is often determined at the time the contract is established. Terms regarding maturity, default, interest, delivery, defect notification, authority, surety, pledge, and guarantee should be clear. Ready-made contracts may not fit the company's commercial model and risk distribution.
Frequently Asked Questions
Is an invoice alone sufficient for enforcement proceedings?
Proceedings can be initiated; however, in case of objection, elements such as the basic relationship and delivery may need to be additionally proven.
How is the disputed receivable collected?
Depending on the nature of the document, methods such as lifting or canceling the objection are considered.
Is a partner responsible for the company's debt?
It changes depending on the type of company, the nature of the debt, the action of the partner or manager, and the provisions of special laws.
Is share transfer carried out the same way in every company?
No. The type of company, articles of association, approval, and registration requirements differ.
When can a precautionary attachment be requested?
It can be requested as temporary protection when the receivable and guarantee conditions in the law are met.
The most effective solution in commercial law begins not after a problem arises, but when the transaction is being established. Attorney Ahmet Emre Çimen prepares a plan that considers both the daily operation and the potential for disputes by examining the company structure and the collection process together.