Obligation to Employ Lawyers in Companies

Obligation to Employ Lawyers in Companies – Lawyers in Izmir

What is the Requirement to Have a Lawyer?

Article 35 of the Attorneys' Law regulates the obligation of certain legal entities to employ a lawyer. These entities are required to work with a lawyer either within their own organization or through an external agreement. In other words, this obligation can be fulfilled either by contracting legal services from an external provider or by employing a registered lawyer within their own organization.

Who is required to have a lawyer?

This requirement applies to joint-stock companies with a capital five times or more than the amount stipulated in Article 272 of the Turkish Commercial Code, and to housing cooperatives with 100 or more members.

• Joint-stock companies with capital exceeding a certain amount
• Housing cooperatives with more than 100 members

Is there a requirement for limited liability companies to employ a lawyer?

No, there is no legal requirement for limited liability companies and general partnerships to employ a lawyer. However, even though it's not a legal obligation, we recommend seeking regular legal assistance to avoid more costly losses in the future.

What is the penalty for violating the mandatory requirement to have a lawyer in 2022?

According to Article 35 of the Attorneys' Law, for each month that a contracted lawyer is not appointed by the Public Prosecutor, an administrative fine equal to two months' gross minimum wage, as in effect on the date of the offense, is imposed on workers over sixteen years of age employed in the industrial sector.

Gross minimum wage for 2022 5,004 TL It has been determined that the penalty for not having a lawyer in 2022, within the scope of the relevant article, will be 10,008 TL.

Relevant Legislation

Lawyers' Act

Article 35 – Giving opinions on legal matters and issues, litigating and defending the rights of natural and legal persons before courts, arbitrators, or other bodies with judicial authority, following up on judicial proceedings, and preparing all documents related to these matters are exclusively reserved for lawyers registered with the bar association. Lawyers registered with the bar association may also handle all matters in official departments other than those mentioned in the first paragraph. Anyone capable of filing a lawsuit may prepare the documents related to their own case, file the lawsuit themselves, and follow up on their case. However, joint-stock companies with a capital five times or more than the amount stipulated in Article 272 of the Turkish Commercial Code, and housing cooperatives with 100 or more members, are required to employ a contracted lawyer. Organizations that fail to comply with this provision shall be subject to an administrative fine imposed by the public prosecutor, for each month they fail to appoint a contracted lawyer, equivalent to two months' gross minimum wage for workers over sixteen years of age employed in the industrial sector, as in effect at the time of the offense. The provisions of the Code of Civil and Criminal Procedure and other laws remain in effect.

You may also be interested in the following studies:;

Address: Nergis Neighborhood, Girne Boulevard No: 83, Floor 2, Apartment 2, Karşıyaka, İzmir

E-mail: info@efeshukuk.com

Phone: +90 534 415 52 56