TO THE HONORABLE COURT
…….
PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANTS :…….
SUBJECT: Company Dissolution
EXPLANATIONS: 1-Our client ….. and the defendants ……. and ……… established ……. Transportation Marketing Ltd. Co. on ../../…. as published on page ….. of the Turkish Trade Registry Gazette No. …… dated …..
2-Pursuant to the decisions recorded on page 1 of the company’s decision book, certified by the ……. Notary Public on ……. with journal no. ……. and bearing decision no. 1, dated ../../…. , all three partners were elected as company managers for the first 30 years.
3-Due to the other two defendants having other business interests, our client handled the collection of the company’s receivables and delivered the collected funds to the other partners.
4-Although our client regularly delivered the collected money to the defendants, he was not fully aware of the company accounts, as the books were not kept regularly, and he did not know his share of the profits. Therefore, he requested the documents from the other defendant partners to examine the company records and books. Upon our client’s request for the documents and books for review, the defendant partners issued a Notice of Demand dated ../../…. and numbered …… from the …….. Notary Public to our client.
5-In the notice they sent to our client, the defendants demanded that ……….-TL and …… US Dollars be paid in cash to the company headquarters, claiming that he had collected these amounts but not given them to the company.
6-With this attitude, the defendants have treated our client as a thief. Our client has delivered all the money he has collected to date to the company and has not received any documents in return. The money collected by our client and delivered to the company headquarters has not been recorded in the official records.
7-The defendants’ aim is to intimidate our client, who is holding the company partners accountable. Limited companies are commercial companies established based on trust between partners. As can be understood from the warning letter sent to our client by the defendants, the defendant partners are accusing our client of theft. As a result of this warning letter, our client has lost trust in the other company partners.
8-Behavior that undermines trust and cooperation between partners is a justifiable reason for the termination of the limited partnership under Article 549/4 of the Turkish Commercial Code.
9-Since the company partners no longer trust each other and it is no longer possible for the company to continue under these conditions, it has become necessary to apply to your court for the dissolution of the company for justifiable reasons.
LEGAL GROUNDS: TTK. Art. 549/4, HUMK. And Related Legislation
EVIDENCE:
Company Records,
Company Ledgers,
Notice of Default,
Witnesses,
Expert Examination,
Legal and Other Discretionary Evidence, etc.
RESPONSE PERIOD: 10 days
CONCLUSION: Due to the reasons stated, the company partners no longer trust each other, and under these circumstances, it is impossible for the company to continue. Therefore, for justifiable reasons, ……. We request that the court order the dissolution of ……. Ltd. Şti., that the litigation costs be borne by the defendant, and that the opposing party’s attorney’s fees be awarded to us as attorneys, in accordance with the last paragraph of Article 164 of the Attorney Law No. 1136, as amended by Law No. 4667.
PLAINTIFF’S ATTORNEY