……. TO THE HONOURABLE JUDGE
…….
THE PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANTS :…….
SUBJECT : Company Dissolution
EXPLANATIONS :
1-Our client ….. and the defendants ……. and ……… ../../ ……… ../../…. on …… numbered Turkey Trade Registry Newspaper ….. published on the page ……. Nakliyat Pazarlama Ltd. Şti.
2-……. All three partners were elected as the company manager for the first 30 years in accordance with the decisions taken on the meeting date of ../../…. with the 1st decision sequence number on the 1st page of the decision book of the company certified by the ……. Notary Public with ……. date and ……. journal number.
3- Since the other two defendant partners had other jobs, our client carried out the collection of 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, since he was not fully aware of the company accounts and the books were not kept regularly and he did not know his share, he asked the other defendant partners for the documents to examine the company records and books. Upon our client’s request for the documents and books to be examined, the defendant shareholders sent our client …….. Notary Public dated …/…/…. and dated …… and issued a Notice of Caution No. …….
5- In the notice sent to our client, the defendants demanded that ……….-TL and …… US Dollars be paid in cash to the Company headquarters, claiming that they had not collected and given to the company.
6-With this attitude, the defendants have taken our client as a thief. Our client has delivered all the money collected until today to the company and has not received any document in return. The money collected by our client and delivered to the company headquarters has not been recorded in the official records.
7-The purpose of the defendants is to intimidate our client who is asking the company partners to account. Limited liability companies are commercial companies established on the basis of trust between partners. As can be understood from the notice drawn by the defendants to our client, the defendant partners accuse our client of theft. As a result of this notice, our client has lost trust and confidence in the other company partners.
8-Behaviours that damage the trust and cooperation between the partners are the reasons for the termination of the limited partnership for justified reasons according to Article 549/4 of the TCC.
9-Since the company partners have no trust in each other and it is no longer possible to continue the company under these conditions, it has become necessary to apply to your court for the termination of the company for justified reasons.
LEGAL GROUNDS : TCC Art. 549/4, HUMK. and Related Legislation
EVIDENCE :
– Company Records,
– Company Books,
– Cease and desist,
– Witnesses,
– Expert Review,
– Other Legal and Discretionary Evidence etc.
RESPONSE TIME : 10 Days
CONCLUSION OF THE REQUEST :
Due to the existence of justified reasons, since the company partners do not have confidence in each other due to the reasons stated above and it is not possible to continue the company under these conditions, ……. Ltd. Şti. due to the existence of just cause, we request that the defendant be charged with the costs of the proceedings, and that the counterparty attorney fee be awarded on our behalf as a lawyer in accordance with the 164/last paragraph of the Law No. 1136 on Attorneyship Law amended by Law No. 4667.
ATTORNEY FOR THE PLAINTIFF
…….