General Partnership
A general partnership, or ordinary company, is a company of individuals that does not have separate assets or a separate legal personality from its partners. It is formed by two or more natural persons coming together. These individuals provide goods or services to achieve the same goal. Those forming a general partnership must act together with their partners in legal transactions. The establishment of a general partnership is not subject to any specific form. A general partnership, which does not have a trade name, does not require trade registration or a trade registry announcement. Decisions within the company must be made unanimously.
TERMINATION OF A GENERAL PARTNERSHIP
In conclusion, the provisions regarding general partnerships, which are a type of partnership based on the personal element and the relationship of trust between the partners, will apply to all partnerships that do not fall under any other partnership types seen in other laws.
In this sense, it can be said that the provisions of general partnerships will be applied in a wide area. The reasons for terminating a general partnership are specified “generally” in Article 639 of the law. The situation specified in Article 640, which is a continuation of the main heading “reasons for termination,” is not a separate reason for termination. The termination situation foreseen in Article 640 of the Code of Obligations actually specifies how the termination situation in Article 639/6 occurs.
APPLICATION FOR DISSOLUTION OF A GENERAL PARTNERSHIP
TO THE CIVIL COURT OF FIRST INSTANCE
PLAINTIFF:
REPRESENTATIVE:
DEFENDANT:
ADDRESS:
SUBJECT: Request for the dissolution and liquidation of a general partnership.
EXPLANATIONS:
1- A general partnership agreement was established between my client’s deceased relative, … … (not a party to the lawsuit), and the defendant … … on …/…/… to operate in the construction sector. (APPENDIX – 1)
2- The total capital of the partnership is … TL. Of this, … TL. The plaintiff was brought in by my client’s deceased relative, and the defendant contributed … TL. to the partnership. Furthermore, my client’s deceased relative, … …, gratuitously allocated two separate properties belonging to him to the partnership and established an easement right on one of these properties for the benefit of the defendant for a period of … years.
3- Upon the death of my client’s deceased relative on …/…/… (Appendix – 2), my client and the defendant agreed to continue the partnership and for the defendant to be the managing partner. Despite … years having passed since this agreement, the defendant has not paid the profit share, and the notices dated …/…/… and numbered … (Appendix – 3) have been left unanswered by the defendant. The defendant, as the managing partner, does not provide my client with an account of the business progress, does not pay the profit share despite our request, and fails to fulfill his duties and responsibilities.
4- The just cause specified in Article 639 of the Turkish Code of Obligations No. 6098 has occurred with respect to the company in which my client and the defendant are partners. Therefore, it has become necessary to apply to your court for the dissolution of the ordinary partnership established between the parties based on just cause and for the liquidation of the partnership assets.
LEGAL GROUNDS: Turkish Code of Obligations No. 6098, Article 639 Articles 620-639
LEGAL EVIDENCE:
1) Partnership Agreement,
2) Population Registry Record
3) Copies of Notices,
4) Expert Examination
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request that the ordinary partnership existing between our client and the defendant be dissolved for just cause, that the amount calculated by applying %… rediscount interest separately for each year to the profit shares for the years …-… be collected from the defendant and given to our client, that the dissolved ordinary partnership be liquidated by your court, and that the court costs and attorney’s fees be borne by the defendant.
ATTACHMENTS:
1) Partnership Agreement,
2) Population Registry Record
3) Copies of Notices,
4) One certified copy of the power of attorney
Plaintiff’s Attorney
Attorney