Our team of specialist, business minded lawyers are fully integrated and exclusively supported by academicians who are recognized leaders in their fields to best serve our clients.

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Administrative Law

Administrative Law

The Turkish system contains a general distinction between private (civil) law affairs and issues in relation with the Government (or the State) and their administrative entities. Issues between individuals or businesses with governmental bodies and regulations involving customs, zoning, government sanctions and taxes, for example, fall under a special regime governed by administrative procedure which has its own specific court system.

Our team is experienced in administrative matters such as annulment of administrative proceedings and sanctions, objections against Public Procurement Agency decisions, cancellation of tax calculations and fines issued by Revenue Administration, Tax Offices or Customs Administrations, objections against development and housing processes and execution of juridical procedures. 

We represent our clients before administrative authorities for objections, negotiations or permissions and before administrative courts including the highest administrative court of appeals ‘the Council of State’ for the purposes of resolving disputes.

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burcu-goktan

BURCU GÖKTAN

burcu.goktan@bener.com
+ 90 (212) 270 70 50
204
guzide-ozbilen

GÜZİDE ÖZBİLEN

guzide.ozbilen@bener.com
+ 90 (212) 270 70 50
205
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Alternative Dispute Resolution

Alternative Dispute Resolution

In many disputes, particularly in Turkey, it is preferable to avoid formal court action wherever possible in order to save time and expense. This can also be a preferred route where maintaining an amicable ongoing relationship is important.

Our firm often represents clients with a focus on obtaining a commercial solution to a dispute via mediation of the issues, whenever possible, and has experienced capability to mediate or represent clients in negotiating a viable settlement.

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guzide-ozbilen

GÜZİDE ÖZBİLEN

guzide.ozbilen@bener.com
+ 90 (212) 270 70 50
205
serkan-kolay

SERKAN KOLAY

serkan.kolay@bener.com
+ 90 (212) 270 70 50
206
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Banking & Finance

Banking & Finance

Bener Law Office offers a broad range of services to banks and financial institutions. We represent local banks and international financial institutions in Turkey and focus on long term relationships with our clients.

The banking and financial sectors are heavily regulated in Turkey and we are well equipped to offer regulatory services, where interaction with administrations such as Banking Regulation and Supervision Agency and Capital Markets Board become necessary.

Our office also provides non-financial sector clients legal assistance for procedures concerning financing, leasing, mortgages and similar transactions involving banks and financial institutions.

We have experience with the majority of financial instruments, including Tier II Capital, securitised loan facilities, structured financing, syndicated loans, debt financing, corporate trust issues, bankruptcy and reorganisations.

We have also built a depth for experience in Project Finance and Acquisition Finance, including  revolving credit, mezzanine debt financing and invoice discounting facilities, as well as loan note structures and other deferred consideration arrangements.

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gozde-esen-sakar

GÖZDE ESEN SAKAR

gozde.esen@bener.com
+90 (212) 270 70 50
401
onur-kordel

ONUR KORDEL

onur.kordel@bener.com
+ 90 (212) 270 70 50
403
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Bankruptcy Law

Bankruptcy Law

Our bankruptcy and debt recovery lawyers have a depth of experience in Turkish insolvency proceedings. We have represented both domestic and foreign clients in numerous bankruptcy cases.

  • Assertion of creditor’s claims
  • Representation of secured creditors as well as lien holders and unsecured creditors 
  • Cancelation actions in fraudulent conveyance actions
  • General non-adversarial counselling on insolvency-related issues, including; 
    • Merits of different types of insolvency proceedings 
    • Effective ways to protect interests when doing business with a financially troubled entity
    • Lender liability purchase of debtors’ asset
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ramazan-yilmaz

RAMAZAN YILMAZ

ramazan.yilmaz@bener.com
+ 90 (212) 270 70 50
301
serkan-kolay

SERKAN KOLAY

serkan.kolay@bener.com
+ 90 (212) 270 70 50
206
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Capital Markets

Capital Markets

Capital Markets clients are provided with legal assistance on a wide range of matters, including:

Swaps/Derivatives/Structured Products/Equities:

Our derivative practice focuses on all kinds of derivatives including, but not limited to: OTC derivatives, FX products, credit derivatives, equity derivatives and commodities. In addition, we focus on local derivative market regimes and advise our clients on the principles related to Turkish derivative exchange rules, as well as drafting, negotiation and finalising derivative agreements with local counterparties.

We also advise on complex capital market transactions including equities, structured products, securities lending, repos and prime brokerage documentation.

Regulatory Services:

We provide legal assistance to Turkish and global financial institutions for ongoing compliance with capital markets legislation, commercial and investment banking, asset management, the brokerage business, provision of investment advice, custody business and licensing and registration requirements. 

We also provide ongoing regulatory assistance to local publicly-listed companies, brokerage companies, banks, foreign mutual funds already registered with CMB and other financial institutions subject to Capital Markets Board (CMB) or Banking Regulation and Supervision Agency (BRSA) regulations. For foreign brokerage firms, banks, financial institutions, multi-national corporations or individual clients, we advise on the complex CMB legislation, including but not limited to structuring and filing of public offerings in the Turkish market, offerings of Turkish companies in international and European markets, launching and registration of Turkish and foreign funds and all necessary follow-up procedures.

Product Registration with CMB:

The firm registers products with CMB, including foreign mutual funds and other foreign instruments, and is experienced in equity offerings, IPOs and secondary offerings.

Advising on Official Investigations:

We have advised clients on official investigations initiated by governmental authorities including CMB and BRSA.

Employee Share Plans:

The firm offers clients advisory services on the regulatory aspects of employee share plans offered to employees of a Turkish subsidiary or branches of foreign institutions.

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gozde-esen-sakar

GÖZDE ESEN SAKAR

gozde.esen@bener.com
+90 (212) 270 70 50
401
onur-kordel

ONUR KORDEL

onur.kordel@bener.com
+ 90 (212) 270 70 50
403
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Commercial Law

Commercial Law

Commercial transactions are a major part of daily business life. We ensure that our clients are well prepared and informed about the potential risks associated with agreements they wish to enter into and the required procedures they must follow. Our market leading team is capable in all areas of commercial law transactions and disputes, including:

  • Counselling services for national and international corporates
  • Turkish governed and international commercial contracts
  • Negotiations and conciliation
  • Establishing companies native and foreign capital
  • Company establishment and activities in free zones
  • Restructuring
  • Arranging Notary procedures and certified translations
  • Investment incentives
  • Capital increasing and decrease
  • Electronic trade
  • Licencing and distribution
  • Transportation and logistics
  • Franchise agreements
  • Agency agreements
  • Sale and purchase agreements
  • Leasing
  • Insurance
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gozde-esen-sakar

GÖZDE ESEN SAKAR

gozde.esen@bener.com
+90 (212) 270 70 50
401
onur-kordel

ONUR KORDEL

onur.kordel@bener.com
+ 90 (212) 270 70 50
403
ramazan-yilmaz

RAMAZAN YILMAZ

ramazan.yilmaz@bener.com
+ 90 (212) 270 70 50
301
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Competition

Competition

Our team regularly handles competition and regulatory practices, advising international clients on competition and regulatory aspects of mergers, acquisitions and joint ventures, antitrust inquiries including market investigations by the Turkish Competition Authority, business strategy and anti-trust compliance. 

Our practice covers the full range of competition law issues, from routine merger notifications to comprehensive negotiations with authorities. We also advise clients on their relations with competitors and the behaviour of dominant companies as well as matters such as distribution practices, licensing and pricing policies.

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bahar-ulgen

BAHAR ÜLGEN

bahar.ulgen@bener.com
+ 90 (212) 270 70 50
306
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Construction and Infrastructure

Construction and Infrastructure

Our Construction, Engineering and Infrastructure team acts for developers, property investment companies, funders, owners, occupiers and contractors across a wide range of matters. This includes large mixed use schemes, shopping malls, hotels, hospitals, office developments, logistics centres, energy and infrastructure projects.

We advise on all aspects of construction, engineering and infrastructure projects including:

  • Procurement strategies and contract structures
  • Contract preparation and negotiation
  • Contract administration
  • Construction disputes and dispute resolution

Construction specialists work closely with our real estate team in transactional investment and development work advising on the relationships between construction, development and finance documents including:

  • EPC contracts
  • Design and build
  • Construction management
  • Consultancy appointments
  • Regulatory issues
  • Guarantees & Bonds Derivative Transactions
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gozde-esen-sakar

GÖZDE ESEN SAKAR

gozde.esen@bener.com
+90 (212) 270 70 50
401
onur-kordel

ONUR KORDEL

onur.kordel@bener.com
+ 90 (212) 270 70 50
403
pelin-tirtil

PELİN TIRTIL

pelin.tirtil@bener.com
+ 90 (212) 270 70 50
112
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Consumer Law

Consumer Law

The Bener Consumer Claims team is experienced in providing a full service ‘turn-key’ approach to our clients. We provide consumer law consultancy, handle consumer claims and lawsuits in a way that is convenient, comprehensive and tailored to the needs of each client.

Consumer protection regulations have been changing in recent years, especially to keep pace with changing trends like the rise of the e-commerce platform.

Our traditional consumer protection services provide advice on structuring of contractual and warranty related business models for retailers, handling consumer claims brought against them, negotiating settlements or defending against unfounded claims. We also represent our clients before specialist arbitral organizations and consumer protection courts.

Bener Law Office has extensive experience in consumer protection practice across a number of product categories, with particular expertise managing and defending claims for sell side clients with client brand reputation firmly in mind.

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BATUHAN ŞAHMAY

batuhan.sahmay@bener.com
+ 90 (212) 270 70 50
111
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BURCU GÖKTAN

burcu.goktan@bener.com
+ 90 (212) 270 70 50
204
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Corporate

Corporate

We offer extensive experience to clients on formation of corporations, limited liability companies, partnerships and joint ventures, in addition to the preparation of purchase order, warranty, and other commercial forms. We have expertise working with all types of companies, from start-ups and SMEs to large multinational conglomerates, trusts and NGOs.

We regularly assist clients in complying with government regulatory requirements and in negotiating and drafting agreements for franchise, equipment lease or purchase, licensing and intellectual property, supply, sales representation, management or services and requirement and output contracts. 

We also provide corporate consultancy to advise and assist in commercial divorces and settlements, structuring buy/sell arrangements among business owners, and in negotiating and drafting agreements to address management and control issues.

We understand the need to be highly responsive to assist our clients in taking full advantage of business opportunities, and we pride ourselves in building long term trusted relationships with the companies and people that we work with. Wherever our corporate clients needs take them, we are able to offer a truly integrated service to meet their challenges. 

Our corporate team works closely with all of our other teams, such as Dispute Resolution, Corporate Immigration and Projects to provide seamless service and the right advice at the right time.

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eren-ucok

EREN ÜÇOK

eren.ucok@bener.com
+ 90 (212) 270 70 50
305
gozde-esen-sakar

GÖZDE ESEN SAKAR

gozde.esen@bener.com
+90 (212) 270 70 50
401
onur-kordel

ONUR KORDEL

onur.kordel@bener.com
+ 90 (212) 270 70 50
403
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Corporate Maintenance / Retainer

Corporate Maintenance / Retainer

Our Corporate Retainer practice serves more than 130 companies, many of whom are leaders in their sectors and more than half of which are multi-national companies doing business in Turkey.

Our Corporate service essentially provides our clients with a cost effective way to outsource an in-house legal function, with a team of multi-disciplinary lawyers always on hand to advise them on their day to day legal needs. This includes all kinds of issues that our clients encounter as part of the normal operation of their business including, but not limited to, the following:

  • Company secretarial / corporate governance
  • Establishment of a new company vehicles
  • Advise on legal issues regarding Commercial and Civil Codes and Code of Obligations and on any other relevant Turkish law and regulation
  • Review of all other legal documentation at the official records such as signature circulars, powers of attorney, share books
  • All required legal procedures at the trade registries, notaries and other administrative offices
  • Assisting or conducting board of directors, general assembly and any other statutory meetings
  • Intellectual Property Law issues
  • Meetings/negotiations with third parties
  • Drafting and reviewing of contracts such as sales, employment, lease and distribution agreements
  • Every aspect of employment and social security law including but not limited to:
    • Compensation & benefits
    • Employment documentation
    • Terminations
    • Collective dismissals
    • Union relations
    • Occupational health and safety
    • Subcontracting, temporary employment relationships.
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BATUHAN ŞAHMAY

batuhan.sahmay@bener.com
+ 90 (212) 270 70 50
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PELİN TIRTIL

pelin.tirtil@bener.com
+ 90 (212) 270 70 50
112
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Cross Border Litigation & Arbitration

Cross Border Litigation & Arbitration

Our arbitration practice serves clients before major arbitral bodies in various jurisdiction seats around the world, such as proceedings held under ICC, AAA, BIT, ICSID and Cotton Association rules. 

Our arbitration team contains experienced commercial litigators and international trade specialists spanning numerous disciplines. Our arbitration experts have been involved in a number of complex arbitral procedures, and provide services including: 

  • Drafting arbitration clauses
  • Handling pre-arbitration negotiations
  • Representation before arbitral tribunals and at court proceedings for provisional remedies or recognition and enforcement of arbitral awards. 

We are also experienced in managing and coordinating a team of international lawyer co-counsels where a dispute is multi jurisdiction in nature.

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serkan-kolay

SERKAN KOLAY

serkan.kolay@bener.com
+ 90 (212) 270 70 50
206
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Data Privacy and Data Protection

Data Privacy and Data Protection

Our Data Privacy and Protection specialists advise clients on data protection matters in the context of local and GDPR requirements. 

We advise on issues including:

  • Establishment of databases
  • Preparing data inventories, internal policies, notices and consent forms
  • Drafting and revising contracts that relate to the sharing or transfer of data, both domestic and international
  • Data use minimization, deletion, anonymization or destruction procedures. 
  • E-commerce, mobile offers and advertising in the digital environment, including online payment systems
  • Customer relationship management (CRM) systems and customer loyalty programs
  • Data pooling and license management solutions

We also assist clients on breach prevention and notification, incident management, emergency action plans and security policies.

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BATUHAN ŞAHMAY

batuhan.sahmay@bener.com
+ 90 (212) 270 70 50
111
oya-ozarslan

OYA ÖZARSLAN

oya.ozarslan@bener.com
+ 90 (212) 270 70 50
302
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Debt Collection

Debt Collection

Our team provides prompt, proactive, efficient, simple and cost-effective solutions for debt collection against individuals and entities. We perform these tasks for our clients with the importance of brand management and reputation, as well as other important non-legal considerations in mind to ensure the right results for our clients business.

Our services cover each stage of the formal debt recovery process, which is usually preceded by informal negotiations if necessary and appropriate. The formal stages usually follow a staged framework:

  • Pre-trial proceedings: including sending official notifications/demand letters to the debtor and fulfilling all the necessary formalities and pre-trial procedure.
  • Representation during trial process. In situations where the debtor does not willingly return the debt, perhaps after Execution Office process, we provide trial representation before Turkish Courts.
  • Post-trial proceedings. This includes any steps necessary to the enforcement the decision of the Courts to recover the debt.

Our debt collection services also include:

  • Making claims in any Turkish court jurisdiction
  • Striking out meritless defences
  • Large scale/high volume commercial recoveries
  • Outstanding debt matters, from initial letters of demand through to bankruptcy petitions and actions against individuals or entities
  • Enforcement proceedings
  • Creditors’ statutory demands for payment of debt
  • Bankruptcy Notices and subsequent sequestration proceedings and Warrants of Execution
  • Negotiating commercial resolutions to debt disputes.
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RAMAZAN YILMAZ

ramazan.yilmaz@bener.com
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301
serkan-kolay

SERKAN KOLAY

serkan.kolay@bener.com
+ 90 (212) 270 70 50
206
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Derivative Transactions

Derivative Transactions

Bener has experience with swap, option and structured-note transactions involving products such as interest rates, currencies, commodities, securities and credit. Our lawyers have extensive experience with the full life cycle of relevant products, from new product development and assessment, to transaction execution and documentation, and on-going legal risk management, including defaults, regulatory-inquiry response, and customer complaints and litigation.

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GÖZDE ESEN SAKAR

gozde.esen@bener.com
+90 (212) 270 70 50
401
onur-kordel

ONUR KORDEL

onur.kordel@bener.com
+ 90 (212) 270 70 50
403
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Dispute Resolution

Dispute Resolution

Clients benefit from our firm’s wide experience disputes resolution across many sectors, our expertise in the dispute resolution process and our unwavering focus on the best outcomes for our clients’ business needs. 

Our lawyers are experts in litigation and arbitration both locally and in cross border multi jurisdiction cases. We work with some of the world’s leading organisations to resolve their complex commercial disputes.

We take a strategic approach to dispute resolution. We focus on the issues that matter to clients and how the dispute resolution process can be managed to deliver the optimum result for the client. 

Clients are able to draw on the resources, knowledge and specialist expertise of our dispute resolution practice in: 

  • Banking, regulatory and finance disputes 
  • Class actions / group claims 
  • Commercial disputes
  • Employment disputes 
  • Energy, transport and infrastructure disputes 
  • Financial regulatory disputes 
  • Fraud and corporate crime 
  • International arbitration, including ICC, AAA, BIT, ICSID and Cotton Association cases.
  • International compliance and investigations 
  • Real estate and construction disputes 
  • Restructuring and insolvency disputes 
  • Technology disputes.
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BURCU GÖKTAN

burcu.goktan@bener.com
+ 90 (212) 270 70 50
204
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RAMAZAN YILMAZ

ramazan.yilmaz@bener.com
+ 90 (212) 270 70 50
301
serkan-kolay

SERKAN KOLAY

serkan.kolay@bener.com
+ 90 (212) 270 70 50
206
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Employment

Employment

The Bener Employment team covers all aspects of employee incentives, employment and pensions work. We are experts in all three areas, with in-depth knowledge of local as well as international issues.

Our lawyers are experts in the legal aspects of implementing and structuring share plans, pension schemes as well as providing practical and commercial advice on employment law issues. We are also experienced in handling issues related to Union activities for our clients.

A client centric approach means we cover not only advisory and corporate transactional work but also provide clients with a more bespoke approach which includes providing training and regular updates on changes in the law and the effects they may have to the client’s business.

We are committed to the development of best market practice and devote a considerable amount of time and resources to training our lawyers to ensure our clients receive the best, practical and robust advice.

Bener Law Office is a recognized practice leader and advises on every aspect of employment and social security law including:

  • Compensation & benefits
  • Employment documentation
  • Terminations
  • Collective dismissals
  • Union relations
  • Occupational health and safety
  • Subcontracting and temporary employment relationships
  • Pensions
  • Employment disputes
  • Whistle-blower investigations
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BATUHAN ŞAHMAY

batuhan.sahmay@bener.com
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111
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BURCU GÖKTAN

burcu.goktan@bener.com
+ 90 (212) 270 70 50
204
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Energy

Energy

Bener operates at the heart of the energy industry in Turkey. We can assemble specialist teams to provide highest quality advice tailored to our clients’ individual needs. We have helped companies, financial institutions and investors to successfully navigate a wide range of challenges across the whole spectrum of the energy and resources sector through a combination of pragmatic, commercial advice and innovative solutions. 

Recognised for our clear focus on supporting our energy clients to reach completion of their projects and transactions, we offer our clients the benefit of deep local market knowledge and expertise.

Our lawyers provide a comprehensive service to our energy and resources clients in the following areas:

  • Upstream oil and gas
  • Pipelines 
  • LNG
  • Refining and petrochemicals 
  • Power distribution
  • Renewable energy (including Hydro, Wind, Solar, Geothermal)
  • Alternative energy
  • Water and wastewater
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GÖZDE ESEN SAKAR

gozde.esen@bener.com
+90 (212) 270 70 50
401
onur-kordel

ONUR KORDEL

onur.kordel@bener.com
+ 90 (212) 270 70 50
403
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Execution & Enforcement

Execution & Enforcement

Our team is highly experienced in execution and enforcement proceedings, including obtaining recognition of foreign court decisions by the Turkish judicial system in cases ranging up to multi-jurisdiction, multi-billion dollar claims. Our execution and enforcement services include:

  • Providing legal opinions and consultation
  • Securing claims even before initiation of court proceedings or during the course of court proceedings
  • Representation of clients before the courts to secure claims
  • Conducting proceedings referring to existing enforcement clauses
  • Enforcement of a payment orders and bonds
  • Initiating and supervising execution proceedings before relevant execution offices
  • Assessing and applying for the most appropriate remedies (complaints, appeals, charges)
  • Recognition and execution of foreign court orders or foreign arbitration awards.
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burcu-goktan

BURCU GÖKTAN

burcu.goktan@bener.com
+ 90 (212) 270 70 50
204
serkan-kolay

SERKAN KOLAY

serkan.kolay@bener.com
+ 90 (212) 270 70 50
206
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Immigration & Nationality

Immigration & Nationality

Bener Law Office is a Turkish law firm with a broad international track record including a team specifically dedicated to servicing companies and individuals with immigration law needs, both inbound and outbound. 

Though our client’s business and vision may be global, immigration law remains a local issue which requires local expertise. Our dedicated immigration team advises on everything from work permits, professional equivalencies, various residence permit options, status for dependents and interns, and Turkish government enforcement issues. Bener is one of the only Turkish law firms with a dedicated immigration law team.

In addition to Turkish immigration and labor law advice, we are able to provide seamless global service through our memberships in Ius Laboris, an alliance of leading human resource law practitioners around the world, and the Alliance of Business Immigration Lawyers (ABIL), both organisations for which Bener is the exclusive member for Turkey. Through these alliances, Bener can handle multinational transfers in over 45 different countries.

Our immigration group’s flexibility and team-oriented approach allows us to respond quickly and effectively to immigration law issues. With the international backgrounds of our team and native Turkish, US and European legal practitioners, we understand your culture, business and legal system. We communicate with you promptly, clearly and concisely in your language, so you can make well-informed, timely decisions.

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MARIA LIANIDES ÇELEBİ

maria.celebi@bener.com
+ 90 (212) 270 70 50
106
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Insurance

Insurance

Whilst the banking and financial services markets in Turkey are well developed, insurance is currently catching up with an abundance of opportunities for the foreign investor and a low market penetration. Bener Law Office advises brokers, insurers, businesses and finance institutions in the non-life, life and compulsory insurance segments as well as credit insurance. Our lawyers work in integrated teams advising on a range of issues including:

  • Legal regulatory insurance issues including licenses and investigations by the regulators
  • Distribution channels and legal considerations, including bancassurance agreements
  • Agency and distribution agreements
  • Reinsurance
  • Product structuring – from compulsory and liability insurance to new products
  • Public and private M&A transactions in the insurance sector
  • Insurance and reinsurance litigation
  • Legal consulting on various insurance policies
  • Labour law and employee-employer insurance obligations
  • D&O, malpractice and professional liability insurances
  • Individual private pensions
  • Construction, architecture and engineering (third party liability and all risks)
  • Tax advice
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oya-ozarslan

OYA ÖZARSLAN

oya.ozarslan@bener.com
+ 90 (212) 270 70 50
302
≪ Back

Intellectual Property

Intellectual Property

We assist clients by representing them against any breach of their copyright, trademark and patent rights, providing service for IP-related trade regulations, counterfeiting, unfair trade/competition, and application for the registration of trademarks and patents.

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BATUHAN ŞAHMAY

batuhan.sahmay@bener.com
+ 90 (212) 270 70 50
111
burcu-goktan

BURCU GÖKTAN

burcu.goktan@bener.com
+ 90 (212) 270 70 50
204
≪ Back

Islamic Finance

Islamic Finance

Since the 1970s Islamic finance has grown significantly popular creating a sophisticated and competitive market globally. In Turkey the participation banks have been developing this market since the 1980s and key sectors such as energy, real estate and insurance are now receiving increased interest from Middle Eastern investors. As Turkey drives towards its objectives for 2023, we are seeing an increasing use of Islamic finance as a method, alongside other financial models, to raise the financing levels required. 

Bener Law Office is capable of providing advice to participation banks as well as local and international institutions with Islamic finance needs or interests in Turkey. The firm advises on Islamic financing and regulatory transactions and possesses highly detailed knowledge of the legal structure in Turkey.

Our expertise in Islamic finance covers:

  • Financial principles of Islamic law
  • Turkish legal framework governing Islamic finance
  • Existing and pending regulatory developments
  • Structuring of Islamic finance transactions in line with Turkish law, in particular Murabaha, Mudarabah, Ijarah and Sukuk
  • Regulatory M&As involving Islamic finance institutions
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GÖZDE ESEN SAKAR

gozde.esen@bener.com
+90 (212) 270 70 50
401
onur-kordel

ONUR KORDEL

onur.kordel@bener.com
+ 90 (212) 270 70 50
403
≪ Back

Mergers & Acquisitions (M&A)

Mergers & Acquisitions (M&A)

Our M&A and corporate practice provides advice to foreign investors doing business in Turkey. Our versatile and experienced team successfully completes a volume of M&A transactions that is consistently amongst the most prolific of practices in Turkey. 

We advise a wide client base on both domestic and cross border M&A transactions in all major industry sectors including financial services, industrial and manufacturing, energy and infrastructure, pharmaceuticals, chemicals, retail, ecommerce, food and beverage, media and telecommunications. We represent international corporate acquirers, targets, sellers, private-equity and leveraged buyout firms, institutional and private investors and banks and financial advisors in negotiated and contested deals including mergers, acquisitions, joint ventures, partnerships, privatizations, stock and asset sales and purchases, tender offers, leveraged buyouts, recapitalisations, minority investments, spin-offs, option and earn-in agreements and corporate restructuring. 

Our firm maintains a pragmatic and deal oriented approach for our clients, which, for example has allowed us to represent the international investor side in the majority of significant ecommerce acquisitions to date in the market. 

Other major transaction types handled regularly by our team include:

  • Non-Performing Loans (NPL)
  • Distressed Asset Investments
  • Private Equity
  • Venture Capital
  • Angel Investments
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BAHAR ÜLGEN

bahar.ulgen@bener.com
+ 90 (212) 270 70 50
306
gozde-esen-sakar

GÖZDE ESEN SAKAR

gozde.esen@bener.com
+90 (212) 270 70 50
401
onur-kordel

ONUR KORDEL

onur.kordel@bener.com
+ 90 (212) 270 70 50
403
≪ Back

Mining

Mining

For some time, Bener Law Office has been one of just a small number of law firms with a real in-depth understanding of the mining industry in Turkey. Our mining and metals clients include investors, corporations, junior exploration and mining companies.

Our lawyers provide clients with the full spectrum of legal advice through each stage of the mining project life cycle, from tendering, licencing and permissions through to operation, equipment procurement and decommissioning and everything in between. Experience is on hand to resolve mining disputes, including those with necessary MIGEM involvement.

Driven by the market, our mining practice currently handles precious and base metal projects predominantly, but we are also experienced in other resource type projects such as coal, decorative stones and salt production.

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gozde-esen-sakar

GÖZDE ESEN SAKAR

gozde.esen@bener.com
+90 (212) 270 70 50
401
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Occupational Health and Safety

Occupational Health and Safety

Bener has broad experience in Occupational Health and Safety issues under Turkish law.

We advise clients on all related legal aspects including:

  • Duties of employers and employees
  • Liability of the primary employer where a contractor and sub-contractor relationship exists
  • Drafting and maintaining agreements related to health & safety
  • Reviewing and advising on information, instruction and training provided at the workplace(s)
  • Compliance reviews from a legal perspective
  • Advice on administrative fines applied and compensation claims following incidents, as well as criminal negligence cases
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batuhan-sahmay

BATUHAN ŞAHMAY

batuhan.sahmay@bener.com
+ 90 (212) 270 70 50
111
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Privatisations and Government Contracts (inc. PPP)

Privatisations and Government Contracts (inc. PPP)

Our corporate and M&A team advises international investors, financial advisers and Turkish government agencies on major privatisation projects in Turkey including petrochemicals, telecommunications, energy, natural gas, refinery, alcoholic beverages and power distribution. Our experienced team is equipped to advise on all aspects of privatisation transactions, from structuring and due diligence through to closing.

The firm provides legal assistance for international bids, concessions, defence contracts, public procurements, tenders and bids. The legal assistance provided also include advice, legal opinion and project management in privatization projects, energy projects, telecommunication projects, build-operate-transfer and build-operate projects in Turkey. We are also experienced in the latest PPP laws and have successfully completed the tender process for the largest healthcare PPP to date in the country.

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onur-kordel

ONUR KORDEL

onur.kordel@bener.com
+ 90 (212) 270 70 50
403
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Project Finance

Project Finance

Project Finance is a popular technique for large-scale projects where substantial lending is required against a controllable and predictable cash flow. Turkey, in recent years, has attracted a considerable amount of investment and project finance has been used widely as a financing method.

Bener Law Office has an experienced project finance team that has advised on large transactions, acting on behalf of sponsors, developers, lenders, equity investors and multilateral agencies involved in the development of infrastructure projects. Our strong understanding of the need for well-drafted financing documentation that protects the interests of all parties concerned has been gained through a depth of experience in this field.

Our expertise in Project Finance includes:

  • Project structure and contractual issues
  • Drafting and negotiating project agreements
  • Advising on direct, security or sponsor support agreements
  • Understanding financial issues
  • Mitigation and avoidance of risk
  • Structuring security packages
  • Power purchase agreements and concession agreements in sectors such as transport, water, health and energy

Our team is innovative in the use of new and standard finance methods and opportunities, for example:

  • Derivatives
  • Structured finance
  • Securitisation
  • Sukuk and Islamic finance
  • Project bonds
  • Leveraged leases
  • Commodity securitisations
  • Monetisations
  • Pooled asset funds
  • PPP/PFI
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gozde-esen-sakar

GÖZDE ESEN SAKAR

gozde.esen@bener.com
+90 (212) 270 70 50
401
onur-kordel

ONUR KORDEL

onur.kordel@bener.com
+ 90 (212) 270 70 50
403
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Real Estate

Real Estate

In keeping with the growth in size and complexity of real estate markets in Turkey and particularly in parallel to the changing levels of foreign investment in the sector, our real estate practice has evolved and kept pace. Our real estate lawyers today handle a wide variety of transactions, including all aspects of joint ventures, sale and purchase of land, long leasehold contracts, construction loans and lease of residential and commercial properties.

We represent developers, creditors and investors in real estate projects across commercial and residential property, including leading shopping malls, international branded hotels and large mixed use schemes. We also regularly use this experience to the benefit of our clients when handling real estate components of major M&A transactions.

Lease Law

In addition to traditional real estate leasing services, we are experienced in providing consolidated support for commercial real estate projects and building management. Our lawyers are expert in both the Lease Law and Code of Obligations and have acted on a wide variety of lease transactions and disputes.

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gozde-esen-sakar

GÖZDE ESEN SAKAR

gozde.esen@bener.com
+90 (212) 270 70 50
401
onur-kordel

ONUR KORDEL

onur.kordel@bener.com
+ 90 (212) 270 70 50
403
pelin-tirtil

PELİN TIRTIL

pelin.tirtil@bener.com
+ 90 (212) 270 70 50
112
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Regulatory and Compliance

Regulatory and Compliance

Our Regulatory and Compliance practice offers clients various legal services born of expert legal representation and strategic insight. With our extensive knowledge of local regulations and our expert capabilities, we advise clients on understanding the responsibilities and managing the risks, and how to deal with increasing complex challenges and compliance with laws and regulations as regulatory frameworks are rapidly changing around the world and transparency increases in significance.

We provide full-service regulatory and compliance representation across sectors including highly regulated industries i.e, finance, healthcare, pharmaceuticals, chemicals and energy. Our regulatory services include complex transactions to day-to-day operations, regulatory proceedings, licensing and permissions, incentives regimes, and preparation for public tenders.

Considering the risks in emerging countries as well as the cost of non-compliance, we represent companies doing business in Turkey both for preventive work and investigations carried out by administrative authorities. We have a significant knowledge and practice of conducting fraud investigations in relations to FCPA, the UK Bribery Act, and the obligatory provisions of Turkish law on anti-corruption. We are well positioned to assist clients in anti-corruption due diligence on mergers and acquisitions target and consult on the handling of internal compliance investigations and white collar crimes triggered as a result.

We also assist clients for internal ethics and compliance trainings, drafting crisis manuals, and full fledged compliance issues. Our expertise extends to establishment of integrity infrastructures and ethics programs for corporations, preparation company policies and procedures, and designing whistleblowing procedures.

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oya-ozarslan

OYA ÖZARSLAN

oya.ozarslan@bener.com
+ 90 (212) 270 70 50
302
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Restructuring & Insolvency

Restructuring & Insolvency

Bankruptcy, insolvency or consensual restructuring required quick actions to preserve and protect value in the business and to provide stability in the operations.

We advise debtors, administrators or creditors at all stages of the bankruptcy, insolvency or restructuring process including:

  • Distressed M&A, investing and debt trading
  • Negotiating agreements and repayment schedules. 
  • Company voluntary arrangements, administration, liquidation and receivership where company or individual assets are used to pay outstanding debts
  • Credit risk management and support, swaps and safe harbor transactions
  • Creditor composition and assignment agreements, schemes of arrangement and voluntary arrangements
  • Debt financing
  • Litigation and enforcement
  • Out-of-court restructurings
  • Independent advice to directors of distressed companies
  • Insurance issues
  • Employment, pensions and benefits advice
RELATED LAWYERS
onur-kordel

ONUR KORDEL

onur.kordel@bener.com
+ 90 (212) 270 70 50
403
serkan-kolay

SERKAN KOLAY

serkan.kolay@bener.com
+ 90 (212) 270 70 50
206
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Tax

Tax

Bener offers tax and fiscal services advice covering a broad range of areas in structuring, restructuring, investments and transactions with as aim to identify the most tax-efficient strategy, model, vehicle and location. 

We work with clients for local company or holding structure establishment, cross border investments and exits from the market. 

This includes advice on alternative and innovative solutions for M&As, insolvency, restructurings, and foreign trade schemes, real estate, employment models and flow of goods/services. 

Our tax capability extends to financing and refinancing arrangements including facility agreements, related party funding, equity financing and financial instruments such as securitization and derivatives.

Regarding Turkish taxes, our experience expands to, among others, tax litigation & disputes, corporate tax, income tax, value added tax, stamp duty, banking and insurance transaction tax, real estate tax, municipal taxes, transfer pricing, resource utilization support funding and all aspects of Turkish tax procedural law.

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baris-kencebay

BARIŞ KENCEBAY

baris.kencebay@bener.com
+ 90 (212) 270 70 50
402
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