Mergers and Acquisitions

Companies strive for growth by implementing various policies and strategies to maintain their presence and gain a competitive advantage in both domestic and international markets. While growth can be achieved internally and externally, mergers and acquisitions fall under the category of external growth decisions. Therefore, for rational merger and acquisition decisions, it is crucial not only to know the company well, but also to thoroughly evaluate the companies being merged with or acquired, to assess their reliability, and to clearly determine that post-merger and acquisition efficiency will be maintained.

While merger and acquisition decisions are generally evaluated by financial advisors and auditors, legal support from a lawyer is also necessary for the legal functioning of rights and assets. Our law firm provides services in many areas related to the merger and acquisition process, including the preparation of reports, the functioning of decision-making bodies, the revision of contracts, licensing, shareholdings, procurement, permits, and similar matters.

Companies resort to mergers or acquisitions to increase efficiency in resource utilization and operations, reduce costs, achieve savings in organization, and ensure more effective management. Therefore, the merger and acquisition law regulated under the Turkish Commercial Code No. 6102 aims to provide detailed legal content regarding companies' desire to increase their profitability and ensure their continued sustainability. Merger agreements are concluded for the purpose of merging through acquisition, within the framework of Articles 136 to 138 of the Turkish Commercial Code No. 6102, the Capital Market Law, the Corporate Tax Law, and the Tax Procedure Law.

In Türkiye, mergers and acquisitions are generally observed to be prevalent in family businesses, primarily within joint-stock companies. However, an examination of Capital Markets Board (SPK) reports reveals examples of companies whose profitability ratios have deteriorated, particularly after acquisitions. In this sense, the negative outcomes of these decisions, whose primary aim is growth and efficiency, suggest a lack of effective management both before and after the acquisition. This deficiency can be overcome with experienced teams, maximum representation, and in-depth professional evaluation.

If you would like more detailed information regarding the merger and acquisition process, you can contact our lawyers who are experienced in the fields of Turkish Commercial Code and Corporate Law.