Commercial and Corporate Law
Commercial and Corporate Law
Ersan Sen Law and Consultancy Firm provides legal advice to small, medium-sized, and large-scale local and international businesses on all legal aspects of their transactions, including commercial and corporate law, as well as contracts.
Our Firm provides legal services regarding contract negotiations, corporate governance and compliance, corporate structuring, tenders, intellectual property rights, market regulations and licenses.
Data Protection Law
Data Protection Law
Under the Personal Data Protection Law and related legislation, our service in GDPR (General Data Protection Regulation) compliance includes the management of the compliance process, monitoring of this process, managing individual application processes, defense before the Board, and handling objection and litigation processes against sanctions applied by the Board.
For clients who have not yet started compliance efforts, we provide services related to the compliance process. In line with the requirements of personal data protection law, we continue to work for clients with whom we have not jointly managed the compliance process, monitoring their post-compliance adherence to legislation, conducting risk analyses, and measuring governance efforts, as well as managing individual application processes. We also handle objection and litigation processes for real and/or legal persons who have been subject to administrative fines and/or sanctions by the Personal Data Protection Board.
Family and Inheritance Law
Family and Inheritance Law
In light of the regulations of the Civil Code and other related legislations, our Law Firm provides consultancy services to clients for the arrangement of marital property regime contracts before or during marriage. We also carry out the litigation processes representing our clients before the courts in contracted or contentious divorce cases, alimony, custody and other disputes that fall under the jurisdiction of the Family Courts.
Labour Law
Labour Law
We provide consultancy and litigation services regarding all kinds of disputes arising from employment contracts such as credit cases, termination cases, reinstatement cases for both employer and employee.
Litigation and Dispute Resolution
Litigation and Dispute Resolution
Our firm provides advice to companies, financiers, international organizations, and government entities on managing their risks in the event of a potential dispute. We advice clients on developing and implementing litigation, arbitration and alternative dispute resolution strategies in order to achieve the best possible results.
Criminal Law
Criminal Law
The basic principles of criminal law consist of the individuality of criminal responsibility and the principle of no punishment without law. The substantive criminal law concerns whether an act is a crime and what its punishment is.
In criminal proceedings; the adjectives such as the claimer, claim and indict, accused and defendant stand out, while there are no conviction and convict or no definitive judgements yet. This situation arises from the presumption of innocence, which is one of the basic legal doctrines. The presumption of innocence refers to the fact that the person prosecuted for a crime is not considered guilty unless his guilt is definite by a court order.
Since the Ersan Sen Law ve Consultancy Firm’s establishment, the areas of Criminal Law and Criminal Procedure Law are the leading areas of expertise of its law team. Our highly experienced lawyers with in their field, follow every stage of the process from the beginning of the investigation to the end of the prosecution with great care while they represent their clients. Our office carries out its work in all areas of criminal law effectively and observantly. Sen Law Firm has been making a respectable name for itself for years with his understanding of work ethic and positive approach toward its clients.
Within this framework, our Department of Criminal and Criminal Procedure Law provides effective and fast solutions in the light of the universal principles of law with its legal staff including academicians, during the investigation and prosecution procedures about the complaints and cases of its clients. Our team′s years of experience in this field, successfully addressing hundreds of legal problems it encounters in implementing extensive knowledge of legislation and court decisions, and gives value to the human rights and freedoms while applying its knowledge professionally, ensures that a rigorous, result-oriented, successful, fast and effective service to its clients.
Tax Law
Tax Law
We provide law consultancy and litigation services with our specialist team in the area of Tax Law to both natural and legal people, regarding the conflicts experienced in the scope of Tax Law, according to the updated legislation by carrying out reconciliation process before filing a lawsuit and continue with the litigation procedure for the cancellation or correction requests of tax penalties.
In our law firm; we provide the below-mentioned services with the help of our solution partners that are experts in the field of taxation/Tax Law who are also competent and experienced in the field of tax auditing and inspection:
• In the case that you are subjected to tax audit and inspection, we provide tax law consultancy before the audit and inspection about the subjects that necessitate technical information (exception, exemption, incentive, etc.) regarding the rights and responsibilities under Turkish Tax Procedure Law No. 213 and other related regulations to prevent any possible tax penalty regarding your business transactions.
• We provide tax law consultancy according to the provision stated in Income Tax Law No.193 and Corporate Tax Law No. 5520 before the full approval and inspection that will be carried out regarding the tax auditing process. Our tax law consultancy includes services regarding the procedures of the statutory records that you are obliged to keep within the entity, about the commercial operations of the entity, financial statements that will be prepared, accounting transactions, and the order of the documents and records.
• We provide consultancy about a tax refund, in cases, where you need technical and specific information regarding your rights and obligations under legal regulations about the refund process and method according to Income Tax Law, Corporate Tax Law, Value Added Tax Law, and other related Tax Laws.
• In the case that you are subjected to tax audit and inspection, we provide tax inspection consultancy about the subjects that are directed to you, within the scope of the operations conducted according to legal regulations (Code, By-law, Communique, Circular, Special Notice) and Procedural Law, in the inspection period and legal procedure to follow (conciliation before assessment, conciliation after assessment, remission in the tax penalty).
• We provide litigation service, regarding the matter of dispute about your rights and obligations in every step of the lawsuit process, according to Administrative Jurisdiction Procedures Law, Tax Procedural Law, and other related tax laws and regulations while a lawsuit process is continuing about an administrative action initiated against you.
• We provide litigation service for lawsuits regarding tax evasion.
Constitutional Law
Constitutional Law
According to paragraph 8 of the Provisional Article 1, which is added to the Law Regarding The Establishment and Procedures of the Constitutional Court No. 6216, individual applications against the final procedures and decisions finalized after 23.09.2012 are examined by the Constitutional Court. Article 45 of the Law No. 6216 recognizes the "right of individual application" and the European Court of Human Rights currently accepts these individual applications to the Constitutional Court as an effective domestic legal remedy. In order for the individual application to be examined by the Constitutional Court, the application must enter into the Constitutional Court′s authority in terms of person, subject, place and time. The application period to the Constitutional Court is 30 days from the exhaustion of all domestic legal remedies.
Our legal consultancy and advocacy services regarding individual application to the Constitutional Court are as follows: Individual application to the Constitutional Court which is one of the basic rights and freedoms guaranteed in the Constitution for alleged violations of any rights stipulated under the European Convention on Human Rights and the additional protocols to which Turkey has signed; determine whether the administrative and judicial application pathways stipulated in the law for the procedures, actions or omissions that are alleged to have caused the violation before the individual application have been exhausted; in this context, the examination of the acceptability requirements of the individual application; determining whether the application complies with the Law No. 6216 and the conditions specified in the Constitution Court Regulation; presenting precedent decisions supporting the violated right, which is subjected to the application; preparing a response to the opinion of the Ministry of Justice and follow-up the individual application.
Individual applications to the European Court of Human Rights
Individual applications to the European Court of Human Rights
The supervisory body of the European Convention on Human Rights is the European Court of Human Rights. All 47 member states of the Council of Europe are parties to the Convention. The Republic of Turkey has signed the Convention on November 4, 1950 and the Ratification Law No. 6366 dated March 10, 1954 was published in the Official Gazette dated March 19, 1954 and numbered 8662. The certificate of approval was submitted to the Secretariat General of the Council of Europe on May 18, 1954 and the Convention came into force on this date for the Republic of Turkey. The convention includes a limited portion of the civil and political rights guaranteed in the Universal Declaration of Human Rights. This limited list of rights has been extended with additional protocols in Turkey. Each protocol binds the Turkish state in terms of these human rights.
Individual applications to the European Court of Human Rights must be made within six months after the exhaustion of all domestic remedies. However, with the entry into force of Additional Protocol No. 15 to the Convention, this period will be reduced to four months. Additional Protocol No. 15 of the European Convention on Human Rights was signed on June 24, 2013 and has not yet come into force. In order for the Protocol to take effect, all state parties to the European Convention on Human Rights must ratify the Protocol in their national assemblies. Until this process is completed, six months rule shall be applied to the European Court of Human Rights to make an individual applications after the exhaustion of all domestic remedies. In addition, according to Article 7 of the Protocol, the effective date is the first day of the month following the expiration of a three-month period from the date of ratification by all member states. The Republic of Turkey signed this Protocol on September 13, 2013.
Our legal consultancy and advocacy services comprise these operations: The application to the European Court of Human Rights for alleged violations of human rights and freedoms guaranteed by the European Convention on Human Rights and additional protocols to which Turkey is a party; determining whether domestic legal remedies have been consumed before the application is made; determining that an individual application has been made to the Constitutional Court or not, which is considered as an effective domestic legal path in this regard; reviewing the case files related to the trial in the degree courts; checking the compliance of the application with the criteria of acceptability and the intervention subject to the violation includes the follow-up of the application made in person or through a representative before the European Court of Human Rights such as preparing a response to government opinions.
Administrative Law
Administrative Law
Within the scope of the protection of real and legal persons against the administration, we provide consultancy and litigation services to the persons we represent in the process of opening cancellation and full judicial proceedings, revocation of public procurement agency decisions, filing a revocation case against the savings of ministries, public legal entities, municipalities and administrations, participating in settlement negotiations within the scope of expropriation decisions and taking legal action against the regulatory proceedings of the administration, and making the necessary permits and applications in the establishment stages of foreign and local companies.
Mediation
Mediation
The importance of mediation, a process aimed at resolving disputes with the assistance of a neutral and independent third party (mediator), is increasing day by day in our country. Our office provides services to clients in all aspects of mediation, including voluntary, mandatory, and as a prerequisite for litigation. Our office represents clients in all these processes of mediation:
• Preparation and development of mediation agreements,
• Representation of parties during the mediation process,
• Drafting of settlement documents at the end of the mediation process,
• Requesting the enforceability of the mediation settlement document,
• Handling the execution process of the mediation settlement document.
Investment Processes, Mergers & Acquisitions
Investment Processes, Mergers & Acquisitions
Our firm possesses extensive knowledge and experience in all stages of mergers, share transfers, investments, and restructuring processes involving national and international companies. Our client portfolio in this field includes start-up companies, individual investors, holdings and family businesses, national and multinational corporations, private equity funds, and venture capital funds. We provide strategic legal counsel on the buyer, seller, and investor sides.
The services we offer to clients include share sales and asset transfers, company mergers, divisions, and restructurings, private equity and venture capital fund investments, joint ventures and strategic partnerships, pre-investment legal due diligence, drafting and negotiating share transfer agreements and shareholders′ agreements, post-merger and acquisition integration, restructuring operations, and establishing and restructuring the post-transfer corporate structure.
Real Estate Law
Real Estate Law
Our office possesses experience in consultancy and dispute resolution in the field of Real Estate Law. In this regard, we provide services to both individuals and legal entities in terms of consultancy and case management, including:
• Preparation of land share construction contracts and income sharing construction contracts, and pursuing related disputes,
• Real estate purchase and sale agreements,
• Real estate sales promise contracts,
• Public-Private partnership agreements,
• Real Estate Investment Trust processes,
• Litigation related to purchase, pre-emption, and repurchase rights,
• Establishment and termination of real rights such as usufruct and easement,
• Expropriation lawsuits,
• Partition lawsuits,
• Practices of Land Registry and Cadastre Offices and related disputes,
• Urban transformation processes,
• Municipal and zoning practices,
• Condominium management and disputes,
• Correction of fraudulent registrations in land records and related lawsuits,
• Prevention of interference and removal lawsuits,
• Unlawful occupation lawsuits (Ecrimisil),
• Preparation of lease agreements and related disputes,
• Processes related to real estate sharing in connection with Inheritance Law and Family Law.
Arbitration
Arbitration
Arbitration cases, where disputes are resolved outside of courts through adjudication by expert, impartial, and independent third parties, are increasingly favoured by many individuals and legal entities due to their fast and flexible structure. Our office, with its team of expert lawyers and consultants, provides services to clients in all stages of both AD-HOC and institutional arbitration proceedings. Specifically, we offer assistance in:
• Drafting and developing arbitration agreements,
• Initiating arbitration proceedings and case management,
• Requests for precautionary measures and evidence determination before or during the arbitration process,
• Applications to courts in situations requiring such intervention during arbitration proceedings,
• Recognition and enforcement of arbitral awards,
• Annulment proceedings against arbitral awards,
• Execution processes of arbitral awards.
Criminal Enforcement Law
Criminal Enforcement Law
Ersan Şen Law and Consultancy Office provides comprehensive legal support to its clients in the field of Penal Execution Law, leveraging its deep expertise in the subject matter. Our office operates with meticulous attention to detail in execution processes and effectively represents our clients.
Our Penal Execution Law department operates with a commitment to universal principles and values, aiming to provide accurate information to our clients regarding the predictability of the process while prioritizing human rights and freedoms.
