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    Contributors Esin Attorney Partnership

    Contact Information
    • Address: Akatlar Mah. Ebulula Mardin Cad. Gül Sok. No. 2 34335 Beşiktaş, Istanbul
    • Email: [email protected]
    • Phone: +90 (212) 376 64 00
    • Website: www.esin.av.tr

    Esin Attorney Partnership, a member firm of Baker McKenzie, provides clients with outstanding foreign and Turkish law advice. We have a total of nearly 150 staff, including over 100 lawyers, serving some of the largest Turkish and multinational corporations.

     

    Our clients benefit from on-the-ground assistance that reflects a deep understanding of the country's legal, regulatory and commercial practices, while also having access to the full-service, international and foreign law advice of the world's leading global law firm. Our office is recommended both locally and internationally for our high level of client service. We have advised the world's leading multinational companies on M&A, dispute resolution, competition law, energy, mining and infrastructure projects, data privacy, employment, banking and finance, compliance, intellectual property, tax and other legal issues in Türkiye. We are ranked highly by various independent organizations such as Chambers & Partners, Legal 500 and IFLR 1000 guides for our services in our two main areas of transactional and advisory practices.

     

    As Esin Attorney Partnership, our collaborative culture and our embrace of innovation in client work have allowed us to thrive in these challenging times while boosting our profitability. From exploring alternative forms of legal service delivery through the both Transaction Support Group and Advisory Support Group to rolling out new technologies to boost the quality and efficiency of our work, innovation is key enabler of our success.

     

    Main Areas of Practice

     

    Banking & Finance

     

    Our Banking & Finance practice comprises of ten experienced lawyers. We have the experience and insight to help you navigate through new complexities in today’s financial markets. We advise on all aspects of cross-border and domestic financing across a broad range of industries from IT to manufacturing and everything in between. Having acted for both lenders and borrowers, we draw on our insights to develop creative and effective strategies for negotiation, compliance and risk management. Our team represents commercial banks, investment banks and other financial institutions, private equity funds and corporate borrowers. In the project finance world, we advise sponsors, developers, lenders, financial institutions, investment funds, governments and governmental agencies.

     

    Our approach is to provide input not just on the technical terms of banking documents, but also on strategy and other structuring issues. With our specialized transactional capabilities and industry expertise, we will deliver fully integrated legal services regardless of your transaction’s location, scope or complexity.

     

    Our practice includes

    ·       Financial restructuring

    ·       Restructuring and insolvency

    ·       Acquisition finance

    ·       Syndications

    ·       Project finance

    ·       Securitization and structured finance

    ·       Islamic banking and finance

    ·       Loans and credit facilities

    ·       Trade finance

    ·       Real estate finance

    ·       Asset and aircraft finance

    ·       Derivatives and structured financial products

    ·       Regulatory advice

     

    Dispute Resolution

     

    Our Dispute Resolution Practice Group comprises two teams. Our arbitration team is recognized for their work on commercial disputes and particularly disputes arising from M&A transactions and EMI projects, while the litigation team is experienced in advising clients on employment, intellectual property, real estate, and investment disputes. To provide legal services, we collaborate with clients to identify and implement the most appropriate solutions for their business, either by pursuing or defending litigation, arbitration or by other alternative dispute resolution mechanisms.

     

    Our regional and industry experience enables us to provide practical advice to our clients.

     

    We frequently address disputes in the following areas

    ·       Administrative and public law

    ·       Antitrust and competition

    ·       Commercial

    ·       Consumer protection

    ·       Customs and international trade

    ·       Banking and finance

    ·       Bankruptcy and insolvency

    ·       Environmental matters

    ·       Employment

    ·       Intellectual property

    ·       Real estate and construction

    ·       Compliance and data protection

    ·       Infrastructure

    ·       Shareholder disputes

    ·       Criminal matters

     

    Healthcare

     

    We provide a wide range of services in the healthcare industry, from drafting and negotiating toll manufacturing to managing licensing, distribution, supply and license transfer agreements. We guide clients in navigating Turkish pharmaceutical and healthcare regulations, and advise our clients in their day-to-day business.

     

    Our team is experienced in advising multinational pharmaceutical and medical devices clients on transactions, regulatory and compliance issues specific to the healthcare industry. We deliver a full range of services to help clients address competition, commercial, employment, intellectual property and compliance issues.

     

    We frequently advise on matters concerning

    ·       Marketing authorization transfers, co-marketing and clinical trials agreements

    ·       Product liability

    ·       Tender issues with regard to pharmaceutical products

    ·       Pre-license sale of pharmaceutical products

    ·       Interactions with healthcare professionals with regard to medical devices and pharmaceuticals

    ·       Tri-partite clinical trials agreements

    ·       Pre-license marketing and promotional activities for pharmaceutical products

    ·       Turkish pharmaceutical regulations, including marketing authorization, pricing and promotion regulations

    ·       Intellectual property protections, such as patents, data protection and data exclusivity, for pharmaceutical products

     

    Information Technology & Communications

     

    Our Information Technology and Communications practice group draws upon industry knowledge to provide assistance to our clients that are developing game-changing technologies and innovative business models.

     

    Sourcing IT/C products and services is a necessity for nearly every industry, and our team of professionals offer a wide range of cutting-edge and practical legal solutions to help our clients become sector vanguards.

     

    We provide a full scope of services, including advice on well-established legal practices such as telecommunications, broadcasting, new media, e-commerce, shared services, payment services, data protection and privacy, as well as on legal matters arising from new technological developments with an as of yet unestablished legal practice.

     

    Tax

     

    We understand the intricacies of taxation, including tax planning, transfer pricing and other indirect tax matters like litigation and dispute resolution. We have capabilities and resources to design, implement and defend international tax planning structures.

     

    We deliver inbound and outbound tax services to local and multinational clients in Turkey. We are capable of advising on transfer pricing, tax dispute resolution, and wealth management.

     

    Our tax practice includes

    ·       Tax planning and structuring

    ·       Commercial transactions

    ·       Transfer pricing

    ·       VAT / indirect taxation

    ·       Tax dispute resolution

    ·       Employee benefits

    ·       Insurance tax

    ·       Wealth management

    Key Contacts

    Dispute Resolution, Mergers & Acquisitions, Private Equity, Real Estate
    Banking & Finance, Capital Markets, Fintech
    Information Technology & Communications, International Commercial & Trade, Healthcare
    Dispute Resolution, Investigations, Compliance & Ethics

    Awards

    International Commercial & Trade, Information Technology & Communications
    Information Technology & Communications, International Commercial & Trade, Healthcare
    Banking & Finance, Capital Markets, Fintech
    Information Technology & Communications, International Commercial & Trade, Healthcare
    International Commercial & Trade, Information Technology & Communications
    Information Technology & Communications International Commercial & Trade Healthcare
    Dispute Resolution, Mergers & Acquisitions, Private Equity, Real Estate
    Banking & Finance, Capital Markets, Fintech
    Banking & Finance, Capital Markets, Fintech
    Dispute Resolution, Investigations, Compliance & Ethics
    Information Technology & Communications, International Commercial & Trade, Healthcare

    Restructuring of Customs Receivables

    On 27 January 2023, the Draft Law on the Restructuring of Certain Receivables and Amending Certain Laws (“Draft Law”) was submitted to the Turkish Parliament. It includes provisions regarding the restructuring of various public receivables, including customs receivables. Considering the election calendar, the Draft Law is expected to be enacted by mid-February.
    Dr. Erdal Ekinci
    Orhan Pala
    Can Sözer
    Aybüke Gündel Solak
    Özge Kısacık

    Gümrük Alacaklarına Yeniden Yapılandırma

    Gümrük alacakları da dahil olmak üzere çeşitli kamu alacaklarının yeniden yapılandırılmasına dair hükümleri içeren Bazı Alacakların Yeniden Yapılandırılması ile Bazı Kanunlarda Değişiklik Yapılmasına İlişkin Kanun Teklifi (“Kanun Teklifi”), 27 Ocak 2023 tarihinde TBMM Başkanlığı’na sunuldu. Seçim takvimi de göz önüne alındığında Kanun Teklifi’nin Şubat ayı ortasına kadar yürürlüğe girmesi bekleniyor.
    Dr. Erdal Ekinci
    Orhan Pala
    Can Sözer
    Aybüke Gündel Solak
    Özge Kısacık

    Sağlık & Yaşam Bilimleri Bülteni

    Türkiye İlaç ve Tıbbi Cihaz Kurumu (“Kurum”) geçtiğimiz haftalarda, Türkiye İlaç ve Tıbbî Cihaz Kurumu Ulusal Kontrol Laboratuvarının Görev, Yetki ve Sorumlulukları ile Çalışma Usul ve Esasları Hakkında Yönetmelik, Farmakovijilans Sistemi Kılavuzu, (AB) 2022/2346 Sayılı ve (AB) 2022/2347 Sayılı Uygulama Tüzükleri hakkında duyuru ve Tıbbi Cihaz Klinik Araştırmaları Hakkında duyuru yayımladı. Kurum ayrıca (i) Beşeri Tıbbi Ürünlerin Fiyatlandırılmasına Dair Karar, (ii) Beşeri Tıbbi Ürünler Ruhsatlandırma Yönetmeliği, (iii) Ayakta Teşhis ve Tedavi Yapılan Özel Sağlık Kuruluşları Hakkında Yönetmelik, (iv) Özel Hastaneler Yönetmeliği, (v) Diagnostik Radyoloji, Nükleer Tıp ve Radyoterapi Grubu Tıbbi Cihazların Kalite Uygunluk ve Kalite Kontrol Testleri Hakkında Yönetmelik Hükümlerinin Uygulanmasına İlişkin Kılavuz, (vi) Yurt Dışı Üretim Tesislerinin GMP Denetimleri İçin Yapılacak Müracaatlara Dair Kılavuz ve (vii) Beşeri Tıbbi Ürünlerin Fiyatlandırılması Hakkında Tebliğ’de değişiklik yaptı. Son olarak Kurum Endikasyon Dışı/Yurt Dışı İlaç Kullanımına İlişkin Onay Sürelerinin Uzatılması Hakkında Kararının iptaline karar verdi.
    Can Sözer
    Yiğit Acar
    Ayça Doğu
    Gizem Nur Yıldırım

    Healthcare & Life Sciences Newsletter

    The Turkish Pharmaceuticals and Medical Devices Authority (“TİTCK”) recently published the Regulation on the Duties, Authorities and Responsibilities of the National Control Laboratory of the Turkish Pharmaceuticals and Medical Devices Authority Guideline on the Pharmacovigilance System, an announcement regarding European Union (EU) Implementing Regulations No. 2022/2346 and No. 2022/2347 and an announcement on Medical Device Clinical Trials. Moreover, the TİTCK has amended (i) the Decree on the Pricing of Medicinal Products for Human Use (ii) Regulation on the Marketing Authorization of Medicinal Products for Human Use; (iii) Regulation on Private Health Institutions for Outpatient Diagnosis and Treatment; (iv) Regulation on Private Hospitals; (v) Guideline on the Implementation of the Regulation on Quality Conformity and Quality Control Tests of Diagnostic Radiology, Nuclear Medicine and Radiotherapy Group Medical Devices; (vi) Guideline on Applications for Good Manufacturing Practices (GMP) Inspection of Overseas Production Facilities; and (vii) Communiqué on Pricing of Medicinal Products for Human Use. Lastly, the TİTCK announced the annulment of the Decision on the Extension of the Approval Periods for the Use of Off-Indication/ International Medicinal Products.
    Can Sözer
    Yiğit Acar
    Ayça Doğu
    Gizem Nur Yıldırım

    New Tax Amnesty Is on the Way

    On 27 January 2023, the Draft Law on the Restructuring of Certain Receivables and Amending Certain Laws (“Draft Law“), referred to as the “tax amnesty of the century,” was submitted to the Turkish Parliament. It includes provisions regarding the restructuring of various public receivables, including tax receivables, tax base increase and business records correction. Considering the election calendar, the Draft Law is expected to be enacted by mid-February.
    Dr. Erdal Ekinci
    Orhan Pala
    Özge Kısacık

    New Decision by the Court of Cassation General Assembly to Unify the Conflicting Judgments

    There were conflicting opinions among various chambers of the Court of Cassation as to whether the statement of claim for the actions for the annulment of objections to the execution proceedings should be served to the attorney or the debtor. This conclusion reached in the Decision of the Board of the Unification of Case Law resolved the contradictions. Accordingly, even if the debtor against whom an execution proceeding is initiated objects to the execution proceeding through their attorney, in the action for annulment of the objection to be filed by the creditor, the statement of claim must be served to the principal (the debtor).
    İsmail G. Esin
    Yalın Akmenek
    Demet Kaşarcıoğlu
    Koray Söğüt
    Nisa Nildan Dilaver

    Additional Corporate Income Tax Deduction for R&D and Design Centers Re-Regulated and RUSF Rate for Foreign Loans Obtained by Financial Leasing Companies Set as Zero

    Presidential Decree No. 6652 not only clarified the ambiguity regarding the application of the corporate income tax deduction for R&D and design centers but also extended the effective period of the additional corporate income tax deduction from 31 December 2023 to 31 December 2028. With Decree No. 6657, in addition to banks and financial institutions, the RUSF rate for loans obtained from abroad by financial leasing companies was set as zero.
    Dr. Erdal Ekinci
    Orhan Pala
    Eren Akarca

    Arbitration Quarterly

    As we enter the last quarter of 2022, changes and developments continue to occur in the world of international arbitration. On one hand, jurisprudence on the different aspects of international arbitration is expanding with the decisions of arbitral tribunals and courts. On the other hand, remarkable developments are occurring with regards to investment arbitration especially due to the monumental changes regarding the protection of energy investments.
    İsmail G. Esin
    Yalın Akmenek
    Demet Kaşarcıoğlu