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Eglegal

Community Lawyer
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Eglegal last won the day on July 2

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About Eglegal

  • Rank
    Lawyer
  • Birthday 11/11/1980

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  • Gender
    Male
  • Location
    Izmir
  • Interests
    Chess, bicycle, basketball, rafting

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  1. Hello Gabriel, Congratulations to you and your dear fiancé ! Most important document that you need to collect from the Portuguese authorities is the one which states that you are single and there is no impediment for you to marry. This is one of the main papers that is to be asked by the Turkish Marriage Office (Municipality) Apart from that, of course, a notarized translation of the passport is another document that you need to submit. Some of the Marriage Offices (Municipality) in Turkey are experienced and know how to proceed with an international marriage, but some of them have no idea how to handle it. We have fixed a couple of arrangements here in Izmir, Turkey for our clients (who are wife&husband both Non-Turkish) and they were delighted with all the services here in Izmir Marriage office. Any questions pls feel free, Regards,
  2. I would recommend you to talk to an accountant and discuss if your company's balance sheet allows to successfully complete a liquidation process. It is the case especially when you have future plans in Turkey. Should you are in debt against Tax Office or Social Security Inst., yes they could go over your personal assets. BR,
  3. Hi V4E, This is a question that has been raised quite often nowadays, and you all have a point. Your accountant statement is correct except the airport part, considering the fact that no matter how much you owe to the state or an individual, police would not have a right to stop you in the airport border becaused of this matter. This is one of the core rights that has been protected under Constitution of Turkey. On the other hand, if you neglect the company by doing no monthly filing and not paying the minimum charges, then after a certain time (generally between 6-12 months) in most of the cases Tax Office would put your company into a passive list and would stop monitoring your company activities as long as your company keeps its inactive status. There are a few exceptions of the preceding paragraph. For instance, Tax Office would keep monitoring your company if your company has had huge volumes of transactions and considerable amount of due tax BUT all of a sudden you neglect your company. In this case, they would send letters to the company and if your company does not pay off, then shareholders of the company would be deemed to be the jointly responsible along the company. Then Tax Office has the right to go over your personal assets here in Turkey. But as I said, this very unlikely if your company has had only a few small transactions and rest of the time it basically didn't operate. Regards,
    Dear All, We, E&G Law Firm , advise our Non-Turkish clients and represent them at Residence Permit applications. For those who are willing to stay in Turkey for more than 3 months, are in need to apply Residence Permit to comply with the regulation. Please find the details under the link given below and also feel free to consult us for further communication; https://eglegal.net/en/residence-permits-for-foreigners-in-turkey/ Regards,
  4. Dear All, We, E&G Law Firm , advise our Non-Turkish clients and represent them at Residence Permit applications. For those who are willing to stay in Turkey for more than 3 months, are in need to apply Residence Permit to comply with the regulation. Please find the details under the link given below and also feel free to consult us for further communication; https://eglegal.net/en/residence-permits-for-foreigners-in-turkey/ Regards,
  5. Hi, It does not have to be %50-%50 ownership status, different ratio might be possible. But if they purchase an asset together as an investment, couples generally do equal distribution. One can check title of deed through the Real Estate Office to make sure the status of the official records. Obtaining a certificate of inheritance ("CoI") mostly depends on how fast the documents from UK have been collected and sent to Turkish court. But it takes not less than a couple of months. Once the CoI is ready then following the 2nd step, namely tranferring the title of deed to the new buyer, do not take that much of a time. In respect of disclaiming the inheritance, that would not be in the best interest of the children and also would not help to do things faster, considering the fact that a case needs to be filed at the court anyway in order to have a CoI. Costs would definitely be much less than what the heirs can receive at the end of the sale. Regards,
  6. Hi Peath, I would be happy to answer your questions, as a legal practitioner here in Turkey. 75% of the shares owned by the late father shall be distributed equally among the children, while the rest %25 goes to wife. So wife adds up another %12,5 share to her current %50 and reach to a total of %62,5. (Presumed that property has been shared equally (50-50) by the husband & wife in the first place) Children of the late husband and wife do not have to travel to Turkey, provided that some documents, including Power of Attorney, have been collected and send to a solicitor under desired forms. Family has to file an application to the family court in which they need to have a certificate of inheritance ("CoI"). CoI is a document which shows the ownership rates that are subject to distribution. Turkish judge would require some other official documents that could be issued by UK authorities, such as vital records (civil registry) of the family. Selling the property consists of 2 main legal divisions, namely, the registration of the unit to the names of the successors AND then doing the actual transter of the unit by the Real Estate Office (Tapu). I recommend them to contact a professional for the respective legal services. Regards,
  7. Hi Randell, I am a licensed attorney in Turkey and registered to Izmir Bar Association. Let me briefly answer your queries given above; As you ask the implementation of law in the US, we need to address US legal sources. It states that; There is no treaty in force between the United States and any country that requires the recognition of foreign divorces. However, a divorce decree issued in a foreign country generally is recognized in a state in the United States on the basis of comity (Hilton v. Guyot, 159 U.S. 113, 163-64 (1895), where both parties had notice of the divorce proceeding and an opportunity to be heard within these proceedings. Under the principle of comity, a divorce obtained in a foreign country under the circumstances described above generally will be recognized by states within the United States. States also may consider the jurisdictional basis upon which the foreign decree is founded and may not recognize the foreign divorce if the court is not satisfied that at least one party was domiciled in the country at the time of the divorce. Many state courts which have addressed the question of a foreign divorce where both parties participate in foreign divorce proceedings but neither is domiciled in the foreign county have followed the view that such a divorce is invalid. Questions regarding the validity of foreign divorces in particular U.S. states may be answered by office of the attorney general of the state in question. However, you may also need to retain private counsel. What i can tell you is, in Turkey, these pre-conditions given above (namely, both parties had notice of the divorce proceeding AND an opportunity to be heard within these proceedings) are two main considerations taken into account by the family court. So I don't think you would have problem with the Turkish divorce decree as to the recognition in the US. Normally, a legal counsel here in Turkey would be in help of you doing that easily, but as the case finalized by 1970s, that would be really hard for the court clerks to find the physical papers out of the archives. Sometimes some documents might be partially or totally missing if they are over 20 years old. Assuming that your divorce decree has been succesfully found, then papers need to have a certification (Apostille stamp) here in Turkey to make it qualified as an enforceable legal document by the US authorities. Should you tell us in what city court your divorce case has been held, attorney members here in turkeycentral might be interested in following that engagement. Regards,
  8. Hi FatiM, Sorry for the problem you have been through with the apartment. First of all, a contract that is signed with the agent (unless he/she's authorized with an official power of attorney) but not with the landlord is not deemed to be legally formed and therefore it is not binding for you. Furthermore, even if the contract is legitimate but it turns out that the physical conditions of the rental property makes it unliveable, like in your case, contominated tap water. You have the right to evict the property with a notification to the landlord which states the failure of facility and if not the problem fixed within a reasonable period of time, you claim your eviction right. Just to avoidance of a future dispute, it would also be good to have a proof by doing a video record which demonstrate the contamination. Regards,
  9. Eglegal

    Law question

    Hi Trevor Lei, Story does not sound realistic to me. That seems like a sort of scam to get money from your family. I would definitely recommend you to be extra suspicious and careful when such calls come from someone who you have not met in person. Regards,
  10. Hi Kim, I am sorry that things didn't work between you and your husband. Your statement is correct, that is quite a smooth procedure in Turkey if it is not a contested (disputed) divorce case. However, unfortunately, your attendance to the hearing is required for the judge to make a divorce ruling. You do not have to travel back and forth couple of times, your 1 time presence only would be enough to finalize the case. Your lawyer would be able to share court date with you months ahead and it gives you enough space to set up your flight schedule. For any questions/queries, please feel free. Thanks. P.S. Just for a clarification, your presence is required even if you hired a lawyer here in Turkey, as the judge raises a few simple questions directly to the couple but not to the legal representatives. Regards,
  11. Hi Wanda Wu, Your questions almost exclusively fall within the scope of an accountant expertise, but I would be happy to briefly advise you as a legal practitioner in Turkey. First of all, that does not sound wise to me, saying that your company is responsible of paying income tax in a position which you are unable to pay your debt. Based on your reference, your company's balance sheet must state otherwise but not due income tax. However, I know that is quite a fund needed to pay "closing" the company. Drafting of balance sheet documents, appointing a liquidation officer, registration and publication fees, official government fees etc. These are usually even more costly than opening up a new company For this reason, in daily practice, most of the bankrupted companies (who are already in financial problem due to the nature of their status) prefer to just stop filing the tax to the authorities and no longer engage to any work through the company, instead of following the company liquidation procedures. To my experience, I have not seen any major problem caused by the legal authorities because of not completing the closure, provided that your company does not owe any money to public bodies (such as Tax Office, Pension Authority etc.). Good luck !
  12. Hi Libby, There are 2 legal ways which you can follow under your circumstances; first one is you both file a consensual divorce case before the UK court and finalize it there. Once you get the official divorce decree over there in UK, your husband can have the divorce recognised here in Turkey with another follow-up case what we call "Recognition and Enforcement of Foreign Court Judgments in Turkey". As you are in cooperation with your husband in terms of finalizing the procedures, your husband can hire solicitor here who can help you out and conclude the things quickly. 2nd way would be the one which your husband files a divorce case here in Turkey and you both (or only your husband) hire solicitor to be represented before the family court. According to family law practice here, if your husband files a consensual (uncontested) divorce case, you both need to be present in the hearing at least once (solicitors representation not enough). If you can't show up, then the case automatically turns into a contested divorce case which both sides are in need to bring verbal witnesses to prove that things didnt work out between you and your husband. Qualification of witnesses are also important and needs to be evaluated carefully before proceeding with this 2nd way. Regards,
  13. Hi Fada, In respect of VAT, not you but the contractor is responsible of paying that to the government. For this reason, if any VAT return is applicable then contractor would be able to claim it. However, for this particular transaction, VAT needs to be claimed within a 1 year deadline period after the title of deed has been transferred. I doubt that contractor has made it on time. Still, best way is to contact with the seller (and/or its accountant) to figure that out. Regards,
  14. Hi Fada, That is correct if you fulfill certain conditions. Turkish on Non-Turkish citizens who live abroad (at least 6 months for the past 12 months) is free from paying VAT (VAT rate varies from %1 to %18 depends on the value of the property) since 5th May 2017 and so on. One of the most important criteria is that fund has to be transferred from a bank located out of Turkey and deposited into a bank in Turkey as a foreign currency (USD, EUR etc.). However, there is an hesitation here, as VAT is normally has to be an extra to the purchase price, but contractors usually give buyers a flat fee without making any reference to VAT. In the absence of a cost breakdown you are not aware of how much VAT you have actually paid to the contractor. To find it out, I recommend you to contact with the seller and ask if they claimed a VAT refund which actually you should have benefit. This is another tax, so called Building Tax, apart from the VAT which is only due at the first purchase. Building tax needs to be paid once in a year (could be in 2 equal installment) to the municipality where your property is located . You are only responsible of paying Building Tax once and if you get the title of deed. Therefore, you do not need to take the previous terms into consideration. That was obviously previous owners debt and you can't be jointly responsible of that. Fyi.. Regards,
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