Company Dissolution Petition
TO THE HONORABLE COURT
…….
PLAINTIFF:…….
ATTORNEYS:…….
DEFENDANTS:…….
SUBJECT: Dissolution of the Company
EXPLANATIONS:
1-Our client ….. and the defendants ……. and ……… established ……. Transportation Marketing Ltd. Co. on ……./../…. as published on page …….. of issue …….. of the Turkish Trade Registry Gazette.
2-As recorded in Decision 1 on page 1 of the company’s decision book, in accordance with the decisions taken at the meetings dated ……. and ……. recorded in the ……. Notary’s ……. journal, all three partners were elected as company managers for the first 30 years.
3-Since the other two defendants also had other commercial interests, our client collected the company’s receivables and delivered the collected money to the other partners.
4-Although our client regularly delivered the collected money to the defendants, he was not fully aware of the company’s accounts due to the irregular keeping of the books and his lack of knowledge about his share of the profits. Therefore, he requested documents from the other defendant partners to examine the company records and books. Upon our client’s request to examine the documents and books, the defendant partners sent our client a Request Notice dated …….. and numbered …… from the …….. Notary Public.
5
-In the notices they sent to our client, the defendants demanded that the amount of ……….-TL and …….. US dollars they had collected be paid in cash to the company headquarters, claiming that they had collected these amounts but had not delivered them to the company.
6-By doing so, the defendants have treated our client as a thief. To date, our client has delivered all the money he has collected to the company and has not received any documentation in return. The money collected by our client and delivered to the company headquarters has not been officially recorded.
7-The defendants’ aim is to intimidate our client, who holds the company partners accountable. Limited companies are commercial companies established on the basis of trust between partners. As can be understood from the warning letter sent by the defendants to our client, the defendant partners accuse our client of theft. As a result of this warning letter, our client has lost his trust in the other company partners.
8-Behavior that undermines trust and solidarity among partners is a valid reason for the dissolution of a limited company under Article 549/4 of the Turkish Commercial Code.
9-Since there is no longer any trust among the company partners and it is not possible for the company to continue under these conditions, you must apply to your court for the dissolution of the company for valid reasons.
LEGAL BASIS: Turkish Commercial Code, Article 549/4, Code of Civil Procedure, and Related Legislation
EVIDENCE:
· Company Records,
· Company Ledgers,
Default Notice,
· Witnesses,
· Expert Examination,
Legal and Discretionary Other Evidence, etc.
RESPONSE PERIOD: 10 days
OUTCOME OF THE REQUEST: For the reasons stated, the company partners have begun to lose trust in each other, and under these circumstances, the continuation of the company does not appear feasible. Therefore, for justifiable reasons, it has been decided to dissolve ……. Ltd. Şti., to charge the defendant with the costs of the proceedings, and to grant us power of attorney in accordance with the last paragraph of Article 164 of the Attorney Law No. 1136, amended by Law No. 4667.
PLAINTIFF’S ATTORNEY