{"id":29339,"date":"2025-09-14T16:09:24","date_gmt":"2025-09-14T13:09:24","guid":{"rendered":"https:\/\/www.bicakhukuk.com\/?p=29339"},"modified":"2026-04-14T13:08:12","modified_gmt":"2026-04-14T10:08:12","slug":"appointment-of-trustees-for-company-management","status":"publish","type":"post","link":"https:\/\/www.bicakhukuk.com\/en\/appointment-of-trustees-for-company-management\/","title":{"rendered":"Appointment of Trustees for Company Management"},"content":{"rendered":"

The appointment of trustees (kayy\u0131m tayini<\/em>) has emerged as one of the most consequential legal mechanisms shaping corporate governance in Turkey. Positioned at the intersection of criminal law, corporate law, and state intervention, trusteeship reflects a fundamental tension: the need to prevent unlawful use of corporate structures versus the protection of property rights, investor confidence, and market stability. In essence, trusteeship involves the temporary transfer of management powers from company organs to court-appointed authorities. While similar mechanisms exist in other jurisdictions – such as receivership in the United Kingdom or court-appointed trustees in the United States – the scale and frequency of trustee appointments in Turkey, particularly over large corporate groups, distinguish it from comparative practice.<\/span><\/p>\n

Over the past decade, trusteeship has been applied to prominent conglomerates including Koza \u0130pek, Kaynak Holding, Boydak Holding, and most recently Can Holding (2025). These interventions have extended beyond individual companies to entire corporate ecosystems, affecting shareholders, creditors, employees, and international business partners.\u00a0For foreign investors and multinational companies, trusteeship presents a complex legal environment involving contractual risk, cross-border enforceability issues, regulatory exposure, and reputational considerations.<\/span><\/p>\n

B\u0131\u00e7ak Law Firm, with its expertise in corporate law, criminal investigations, and international dispute resolution, provides strategic legal support to navigate these challenges – ensuring that clients are protected both proactively and in times of crisis.<\/span><\/p>\n

1. Background & Current Context: The Concept of Trusteeship in Corporate Law<\/span><\/h3>\n

1.1. Meaning and Purpose of Trusteeship<\/span><\/h4>\n

Trusteeship in corporate law refers to the appointment of a neutral third party by a judicial authority to assume control, management, or supervision of a company. This mechanism is designed to operate as a temporary safeguard, ensuring that corporate assets are protected and that business operations continue within legal boundaries when ordinary governance structures fail. <\/span>Its core purposes include:<\/span><\/p>\n