BUSINESS LAW (İŞLETME HUKUKU) - (İNGİLİZCE) Dersi Law on Commercial Enterprise soru detayı:

CEVAP:

a. A commercial enterprise is to be acquired with all its credits and debts (Article 202 TCO). On the other hand, it is not obligatory to include all the elements (shown in Table 2.1 above) on which the commercial enterprise is founded. Thus, the parties to the acquisition can agree otherwise with a contract that not all the assets will be included in the scope of the acquisition.
b. Pursuant to the TCC, it is possible to acquire a commercial enterprise with all the elements therein without a need to separately conclude agreements or registrations for each of the elements concerned.
c. The acquisition needs to be agreed with a written agreement. In such a case, the acquisition of the immovable property included within the assets of the commercial enterprise and so covered in the written agreement, need not be registered or agreed separately.
d. In some cases, depending on the nature and turnover threshold of the acquisition, the agreement may need to be notified to the Competition Authority under Article 7 of the Law No.4054, for clearance.