Limited liability company contract

Since the company contract has the status of the constitution of a partnership, the legal character of this company should be examined in terms of legal personality theories. The company contract has the functions of regulation, creation, protection and public disclosure for the partnership, partners and third parties. The limited company contract must be signatured in writing and the signatures of the company contract signed by the founders must be notarized or the company contract must be signed in the presence of the personnel authorized by the founders in the trade registry office. From this moment on, the relationship between the founders during the time between the registration of the partnership can be explained by the concept of pre-partnership. In the limited liability company contract, the content is divided into compulsory and optional content. If there is no mandatory content in this contract, the contract cannot be registered in the register. Discretionary content does not have to be included in the contract, but if it does, it will become binding for the company. The introduction of a regulatory rule in a limited partnership agreement is limited in terms of the principle of mandatory provisions. The company contract may deviate from the provisions of the limited liability company only if it is expressly approved by the Turkish Commercial Code. Unlawfulness of the company contract significantly affects the partnership. In case of contravention of this law, it may be sanctioned by the registry manager that the contract cannot be registered at the stage of registration to the trade registry and therefore the partnership cannot acquire legal personality. Again, in cases of violation of the law, the shareholders, the board of directors, the Ministry of Customs and Trade, the relevant creditors may request termination of the partnership by filing a termination lawsuit. The aim of this study is to examine the legal nature, preparation, content, limits and unlawful effects of the limited liability company contract on the partnership. Keywords: Limited liability company, Contract of association, Organization, Statutory information, Voluntary information.