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Frequently Asked Questions
Frequently Asked Questions
Banking and Finance Law
Intellectual Property Law
Company Law and Corporate Consulting
Does the liability of the insurance company continue even when the insurance is cancelled?
Although the insurance company has the right to cancel the insurance or if it has canceled it, in a case whereby there is a provision in favour of third parties and against the insured, and the liability the provision is based on is covered by the insurance, the insurance company is obliged to make payments.
Under what circumstances is the insured not required to pay?
In general, although the insurance compensates for the damages incurred, the insurance company cannot be imposed with the liability in some cases. If the insurer is not notified before the start of the judicial proceedings...
Is it necessary to have insurance against third party risks?
If there is no valid insurance policy prepared in accordance with the law against the risks arising against third parties in the use of a vehicle, the vehicle owner cannot cause or allow any persons to use the said vehicle...
What is the Right of Recourse in insurance cases?
The right of recourse is the right of the insurer compensating and insured under a contract of indemnity to take recourse the compensation from the party causing damages by fault and negligence. However, the insured cannot transfer their right to sue the insurance company.
What are the requirements of motor vehicle insurance policies?
First, the policy must be made with an insurance company. In addition, the insurance needs to protect the person or persons specified in the policy...
From what date are the salaries of the ship staff calculated?
The right of wages of a seafarer of a TRNC ship shall begin from the date of employment or from the time specified in the agreement for the start of employment or for a presence on board.
Are there any payments other than those specified in the charter party?
In case of exceeding the period determined by the agreement between the buyer and the agent for the unloading of the cargo in maritime transport, the buyer shall pay a price per container outside the charter party. This price is called demurrage.
Who is the charter party made between and how?
A charter party is an important part of maritime transport and is made between the carrier agency and the owner. This agreement must be made in writing and must indicate the authorized carrier agent and all costs to be incurred until the delivery of the goods.
What should be included in the bill of lading?
Since the bill of lading is the document stating the owner and the conditions of the shipment, it needs to include information concerning the owner of the goods, the receiver of the goods, the name of the ship, the departure and arrival port information, the number of goods or containers and, most importantly, the place of payment of the carriage.
What is required for maritime trade?
3 important documents are required in order to complete maritime transport transactions. These are as follows: a) Bill of Lading: This is the document that shows the owner of the goods and contains the conditions of the transport b) Charter party: This is the document showing the transportation agreement between the carrier and the owner. c) Delivery Order: This is the document given to customs for the delivery of the goods to the buyer.
Who can apply for exemption and for what purpose?
Any enterprise or association of enterprises seeking exemption may apply to the Competition Board to prove that an agreement or enterprise association decision or concerted practice is legally appropriate and may be exempted under Article 5 of the Competition Act.
Are all concentrations subject to notification and permit?
Concentration transactions cannot be put into practice without notification to the Competition Board or obtaining permission for the following conditions...
What is concentration?
Under the Competition Act, a 'concentration' is the legal combination of two or more enterprises by merger or acquisition, or the direct or indirect takeover of the control of all or part of one or more enterprises or one or more persons already controlling at least one enterprise, or two or more enterprises forming a partnership to permanently perform all the functions of an independent economic unit.
Can the Competition Board initiate a procedure ex officio?
The Competition Board has the right to initiate an investigation ex officio in the event of an alleged violation of Articles 4, 6 or 7 of the Act.
Who can complain to the Competition Authority?
Any natural or legal person, economic, commercial or professional organizations, consumer organizations, the Council of Ministers of the TRNC, Ministries or Municipalities who have legal or economic interests in the subject of a complaint may file a complaint.
What complaints can be filed with the Competition Authority?
A complaint can be filed with the Competition Authority for alleged violations of Articles 4, 6 or 7 of the Competition Law.
What should I do when the inheritance process is completed?
Following the distribution and transfer of all movable and immovable properties of an inheritance among the heirs, the Estate Administrator shall submit a closing inventory to the registrar of inheritance, and the inheritance file shall be closed by getting the signatures of all heirs.
What is an Estate Administrator?
For the management of the assets of a deceased person, an Estate Administrator is appointed by a Court order to be issued by the Court. The Estate Administrator is appointed as the testamentary executor if one is determined by the will or as the closest person according to the degree of kinship in the absence of a will.
How can replace an Estate Administrator?
An estate administrator assigned to inheritance may be replaced by the Court upon the application and consent of the heirs if they are abroad or unable to perform their duties.
How do I get an inheritance order?
An Inheritance Order can be obtained by applying to the District Court at the last habitual residence of the deceased and submitting the necessary documents to the registrar of inheritance.
How can I manage the properties of a deceased person?
The management of the properties of a deceased person; for example, sale or transfer of immovable properties, withdrawals of deposits in the bank or car transfers are only possibleby an inheritance order.
What can I ask through the case when the check bounces?
You can claim the unpaid amount of the check and the interest of this amount to be processed from the date of submission. Even if the check bounces, the bank is obliged to pay the amount of 500-TL.
Who can I file against for bad checks?
The holder of the check can file a lawsuit against the arrangers and endorsers within 5 years from the date the check bounces.
What do I do if a check bounces?
In order to be able to sue, the check holder must submit the check within the specified time period (6 months), and the non-payment must be determined by one of the following...
What should I do if the tenant does not vacate the house despite the eviction order?
The eviction decision is a Court decision. If the tenant does not vacate the house despite this decision, you should apply for enforcement through the Court.
In what circumstances can I evict the tenant from the house?
These conditions are regulated by law, and it is not possible for a landlord to evict the tenant except under these specified conditions such as: the failure of the tenant to pay the rent...
What should I do if the tenant vacates the house without paying the bills?
When renting your home, you must ensure to have the tenant assume the subscriptions required for bill payments such as electricity and water. In case the tenant appears to have moved out of a property without notice...
After the Lease Contract expires, can I change the locks without an eviction order from the Court?
No. Because, even if the lease contract has expired, the tenant cannot be prevented from entering or be forced to leave the place rented under the contract without an eviction order from the Court.
When may the tenant be evicted?
If the tenant does not pay the rent to be paid within 7 days from the date of payment or make a legal payment offer, an eviction action may be filed.
My tenant does not pay their rent, what can I do?
If the rent to be paid is not paid within one week from the last day of payment or not offered to be paid, an action of debt or, if desired and by the required notifications, an eviction action may be filed.
What can I do if a Contract is violated?
When a contract is violated, the party that suffers from such a violation is entitled to compensation from the violating party for any losses or damages incurred as a result of the violation of the contract or those that naturally arise from the ordinary course of the issue or event, or which the parties know is likely to be the result of the violation.
Do I need to have a lawyer in the divorce case?
There is no obligation to hire a lawyer in any case, people can follow their cases without lawyers, but it is worth noting that it is important to follow the case with a lawyer, especially in terms of the court proceedings.
Can a spouse not paying child support be prevented from seeing the child?
No. Establishing personal relations with the child is not dependent on the payment of the child support. This is a legal right, and the spouse can see the child even if the child support is not paid.
How long do divorce cases last?
While there is no definite answer to this question due to the case intensity of the Courts, uncontested divorce cases may be concluded in a single hearing, and contested divorce cases may finalize in 7-8 hearings at best. In case of appeal to the Supreme Court, this period increases even further.
Does it matter which side files the divorce lawsuit?
It does not matter. The important thing in the termination of marriage is the determination of the spouse with fault or gross fault. Who files the lawsuit has no positive or negative effect on the course of the case.
In which Courts are divorce lawsuits filed?
Divorce lawsuits are filed in the Family Court at the habitual residence of one of the spouses.
What is the legal procedure for traffic accidents?
As a result of the traffic accident, when the charges on the accused are accepted by the Criminal Court at the place where the incident took place, the prosecution submits the facts to the Court...
What is the penalty for causing death in traffic accidents?
If the party causing the accident causes the death of another person, a crime is committed, and the party may be sentenced to a fine of up to TL 5,000,000 (Five Million Turkish Liras) or imprisonment of up to 7 years, or both...
Are the decisions of the Supreme Administrative Court binding?
Any decision of the Supreme Administrative Court shall be binding for all Courts and all organs of the state. The decision shall be applied by the relevant body or authority, and actions shall be taken in accordance with the decision...
Is there a time limit on lawsuits against administrative authorities?
The application should be made to the Supreme Administrative Court within a period of 75 days from the date of learning about the decision or negligence of the Administration. However, an application to higher authorities...
Who can file against Administrative Authorities in Cyprus?
A person whose legitimate interest is adversely or directly affected by a decision, procedure or negligence may file a lawsuit. Lawsuits to be filed against administrative authorities should be made to the Supreme Administrative Court.
If the employee leaves the job without prior notice, can the employer claim compensation from the employee?
If the employee leaves the job without prior notice, the employer can claim notice pay from the employee. It is legally possible for the employer to claim compensation from the employee for the period of notification if the termination of the job is not based on justifiable reasons.
What can be done to an employee who is absent without an excuse?
If the employee is absent from work for three consecutive working days or for five working days in a year or three working days after a holiday without obtaining permission from the employer or without any justifiable reason...
Can the employer file lawsuit against me if I leave without waiting for the notice period?
Yes. The party not complying with the notice requirement shall be obliged to pay compensation (notice pay) in relation to the notice period. However, in the case of certain conditions specified under the Labour Law, the employee and the employer are given the right to terminate the employment period without waiting for such notice periods.
I want to quit my job. How should I proceed?
First, the employee must inform the employer in writing and provide a reason, and from this date onwards, they must continue to work in accordance with the notification...
What is the extent of occupational accident lawsuits?
In cases of occupational accidents, the injured party has the right to file a lawsuit for any unjust act or contract violation. The damaged party is granted freedom to the extent to which they can file a lawsuit. However, if it is decided to pay compensation for a wrongful act, the damaged party cannot file another lawsuit for a contract violation.
What is the legal responsibility of the employer for occupational safety?
The employer is obliged to take the necessary measures to ensure the health and safety of the workers working in the workplace and to provide the necessary conditions, tools and equipment and to prevent any reasonably foreseeable cause of injury by any machinery.
What happens if the will was written under force?
If a will was caused to be written by force or by leaving the testator under the excessive influence or by deception, the will or any part thereof shall be invalid.
Are there any exceptions to the limitations in wills?
There is only one exception to this. No limitations on wills shall apply to a person born in the United Kingdom or whose father was born in the United Kingdom or any member of the Commonwealth, regardless of whether the habitual residence of the deceased is in the TRNC.
Is there any limitation on assets that can be put into will?
There are some limitations to wills. These are: a) If there are a spouse and a child or a spouse and a child and their lineage, or if there is a child or the lineage of the child...
Is there any condition for preparing a will?
For a will to be valid, it must be in writing and signed by the testator at the bottom or at the end, and the will must be signed in the presence at least two witnesses. If the will has more than one page, each page must be signed or initialled by the testator and the witnesses or by others on their behalf.
Who has the license to write a will?
Being in good mental health and being over 18 years of age is considered as sufficient criteria to leave a will.
How can I write a will in the TRNC?
Wills are made in writing and in the presence of 2 witnesses and are registered in the Inheritance Department of the Court. Commonwealth citizens...
Can a lawsuit be filed for counterfeit products?
Use of a trademark identical to a trademark by a person who is not the owner of the brand and without the permission of the brand owner as if using a similar...
What do I need to do for trademark registration, and how does the registration process protect my rights?
Samples of the trademark should be submitted for application, together with a brand definition explaining the shape and colour of the brand...
What is meant by a "trade mark"?
The Trademarks Act defines a trade mark as "a description of a figure, trademark or a particular type of commodity or its commercial name, title, symbol, label, name, signature, word, letter, number or any combination thereof". Hence, we can define a trade mark as any kind of marking such as shape, picture, graphic or drawing used to distinguish a product from other products.
How can I protect my work with copyright?
Copyright grants a number of exclusive rights to copyright owners. If an author takes the copyright of his/her work by carrying out the necessary procedures he/she can thus prevent third parties from benefiting from or replicating or copying the work without their permission.
Who can file a lawsuit for copyright infringement?
For a person to file a compensation claim for damages arising from copyright infringement, first the work must have a valid copyright. The law explains who owns a copyright.
Does my trademark registration in the Republic of Turkey also cover Northern Cyprus?
Even if you register your trademark in the Republic of Turkey or anywhere in the world, you will still need to register it in the TRNC. The registration process is carried out in the Department of Trademarks at the Registrar of Companies, and our office can carry out the registration procedures of all brands that contain a logo or a name.
What are the requirements to establish of a company for education purposes and/or University in the TRNC?
The most important issue before establishing a university in the TRNC is to establish a company that will provide education and training services...
How long does the registration process of a limited company with foreign capital take?
It takes approximately 2-3 weeks to establish a limited company with foreign capital, and all transactions are followed by our office.
What are the requirements for a overseas citizen to become a director in the company?
Every overseas citizen to be a director to the company must submit a letter of guarantee of 40,000.-TL with the 18-month term as a guarantee for tax liabilities to the TRNC Income Tax Office and provide a Tax Reliability Certificate in return.
What are the minimum requirements to establish a limited company in the TRNC?
All companies to be established in the TRNC must have at least 2 shareholders, 1 director and 1 secretary and a registered address within the TRNC.
What are the requirements for an overseas national to establish a limited company in the TRNC?
The minimum capital for limited companies where overseas citizens will be shareholders in Turkish Liras is equivalent to 100,000.-USD...
Do the relatives of a person who died as a result of an occupational accident have the right to file a lawsuit?
The relatives of the person who died as a result of an occupational accident can file a lawsuit within 1 year from the date of the accident. The heirs of the deceased have the right to file for damages due to premature death and for damages to the heirs of the deceased.
What is the extent of occupational accident lawsuits?
In cases of occupational accidents, the injured party has the right to file a lawsuit for any unjust act or contract violation. The damaged party is granted freedom in the extent to which they can...
What is the legal procedure for traffic accidents?
When the charges on the accused are accepted by the Criminal Court of the local area where the accident took place, the prosecution submits the facts to the Court...
Does the party affected by the accident have the right to compensation?
The damage suffered by the party affected by the accident without fault or with fewer faults must be compensated by the person causing the accident...
What do Courts consider in traffic accident cases?
When making the decision, the Court takes into consideration the number of persons who lost their lives as a result of the accident, whether the driver was under the influence of alcohol...
What is the penalty for causing death in traffic accidents?
If the party causing the accident causes the death of another person, a crime is committed, and the party may be sentenced to a fine of up to TL 5,000,000 (Five Million Turkish Liras) or imprisonment of up to 7 years...
In case of negligence in traffic accidents, what reasons a lawsuit can be filed for?
In case of negligence in traffic accidents, the reasons that cause the accident and for which lawsuit may be filed are: speed, reckless driving...
What are the liabilities of the doctor to the patient in medical malpractice cases?
The liability of the doctor is to provide reasonable care and attention when examining, diagnosing and applying treatment to a patient...
What are the compensation criteria in medical malpractice cases?
When assessing general damages, compensation calculation is made based on the calculation of the damages occurring from death or bodily damage until the end of the lawsuit or based on the damages from the end of the lawsuit to the retirement age and the damages after the retirement age.
What are the elements required in negligence cases?
There are 3 elements that are required for the victim to prove their case: The defendant has the obligation to show reasonable precaution and care to the plaintiff...
What do I need to do to file a lawsuit in Cyprus?
To file a lawsuit in Cyprus, you need to sign an attorney document to your lawyer. If you are outside of Cyprus during the proceedings, you can provide a power of attorney and ensure that the proceedings are carried out on your behalf.
How can I give my lawyer a power of attorney? Do I need to come to Cyprus to give a power of attorney?
Any power of attorney to be used in Northern Cyprus must be made in the presence of an attorney if it is to be signed in Northern Cyprus...
How can I reside or work in Cyprus?
A 3-month tourist visa is issued when you enter TRNC. It is possible for you to obtain a residence permit with an immovable property you have bought or rented...
Can I sell my immovable property before I have the permission of the Council of Ministers?
This is subject to the terms of your Sales Contract and is only possible in case of a condition in your Sales Contract that allows you to sell your immovable property...
Do I need to wait for the permit of the Council of Ministers to move to the house I bought?
No. Once the construction of your house is completed, there is no time limit in taking over possession and moving in.
Can my spouse and I buy a property each?
Yes. Until recently, married couples were considered as one person, and although their acquisition rights were limited to only one immovable property...
What are the restrictions on the acquisition of an immovable property by overseas citizens in TRNC?
Overseas citizens have the right to buy 1 house (1 apartment flat or 1 house or 1 villa) located on a piece of land not exceeding 5 donums not exceeding 1 donum within the borders of Northern Cyprus.
What is the procedure to be followed by an overseas citizen who wishes to buy an immovable property in Northern Cyprus?
All overseas buyers who are not citizens of Northern Cyprus are required to get permission from the TRNC Council of Ministers in order to register any immovable property in their names...
Can the acquisition of an immovable property be followed on behalf of someone outside of Cyprus?
Persons outside of Cyprus or those who do not personally follow the proceedings may provide their attorneys with a ‘power of attorney’ and carry out the necessary action for the acquisition of the property in question.
How much is the stamp duty? Where is the stamp duty paid to?
The stamp duty is paid at the rate of 0.5% on the amount written in the contract. Payment is made to the Revenue and Tax Office...
What kind of assurance does the registration of sales contracts provide to buyers?
After the sales contracts are signed, they are registered in the Land Registry Office the immovable property is located in. The registration must be made no later...
What must I do in order to establish a corporation in Cyprus?
Foreign citizens who desire to establish a corporation in Cyprus, as well as those who will be shareholders in corporations, must contribute a capital of $100,000 or more. The required capital will be blocked in a client escrow account overseen by our Firm until the establishment of the corporation; following the registration of the corporation, this sum is transferred into the newly-established company’s account.
What kind of approval process applies to foreign nationals who desire to purchase real estate in Cyprus?
In order to register a real estate in their name, buyers who are not citizens of Northern Cyprus need an approval from the cabinet (of ministers). Our office will follow up all related matters with the Ministry of Interior, where the application is submitted, with your provision of a form (available at our office), a copy of your passport and security clearance.
What must I do to file suit in Cyprus?
To file a suit in Cyprus, you must sign an official document (Avukat Tutma Varakası) stating such intent. If you will be outside of Cyprus during the suit, you can provide your attorney with a warrant of attorney, allowing him or her to act on your behalf.
How can I draft a will in Cyprus?
Wills are drafted in writing and before two witnesses, followed by a recording at the estate section of the court. Citizens of Commonwealth nations are exempt from the limitations put forth in the Will and Inheritance Law, and can thus designate any individuals as legal inheritors, regardless of whether these individuals are related. Citizens of all other nations, including those of Republic of Turkey as well as Republic of Northern Cyprus, are subject to the conditions put forth in the Will and Inheritance Law. For further information and to make an appointment, please contact our Firm.
How can I provide my attorney with a warrant of attorney? Must I come to Cyprus to do so?
If the warrant of attorney to be used in Cyprus shall be signed in Cyprus, such signing must take place in the presence of an approval officer. Persons outside of Cyprus can get an approval to the warrant, prepared by our office, at the representative office of the Northern Republic of Cyprus or, where such an office is not available, at the consulate of the Republic of Turkey.
On what basis can a suit be filed, if there is negligence involved in a traffic accident?
Where a traffic accident involves negligence, a suit can be filed against the party who has caused the accident on the following grounds: speeding, careless driving, inattentive driving, driving under the influence -including alcohol- driving while exhausted. In addition, a suit can be filed when the negligence does not qualify as gross negligence, but the party at fault is blamed to have caused the death of a person.
What is the doctor’s responsibility to the patient in medical malpractice suits?
The doctor’s responsibility is to exhibit reasonable care, attention and skill while examining, declaring a diagnosis and treating the patient. As such, the power vested in the doctor requires that both the doctor and the entire medical team exercise utmost care and attention and best utilize their personal skills during the process. Where wrongful acts occur, the doctor shall be responsible.
What is the criterion in medical malpractice suits?
The calculation of general damages involves: the calculation of the loss suffered during the period between the death and the conclusion of the lawsuit, the damage expected to occur between the conclusion of the suit and the date of retirement, as well as expected damages following retirement.
What are the required conditions in cases involving medical malpractice?
Three conditions must exist for the harmed party to prove damage: that the accused was responsible to act with reasonable care and attention towards the claimant, the accused was negligent and at fault in acting without reasonable care and attention and finally that the claimant has suffered damages as a result of the defendant’s wrongful act and negligence; in more common terms, that there is a causal relationship between the negligence and the damage sustained.
What is the procedure applicable in traffic accidents?
Upon the acceptance of the felony court, located within the jurisdiction where the accident has occurred, of the accusations against the defendant, the prosecutor’s office will present the evidence to the court. The defendant, on the other hand, presents through his or her attorney, the extenuating circumstances related to the accident. Considering all of these factors, the court may rule for the imprisonment of the defendant for a specific period of time, a monetary fine, or both. In addition to these punishments, as stated above, the court may also decide for the revocation of the defendant’s driver’s license for a limited or unlimited period of time.
What is the punishment for causing death in a traffic accident?
If the actions of party causing the accident result in the death of a person, a crime will have been committed; upon conviction, a maximum monetary fine of 5,000,000 TL (five million Turkish Lira) or a jail sentence of up to seven years or both may apply. In cases of the committing of such a crime, the involved driver, in addition to the aforementioned fine and sentence, may also be barred from carrying a driver’s license for a limited or unlimited period of time.
Are the decisions reached by the Upper Administrative Court binding?
Any decision declared by the Upper Administrative Court is binding for all courts and all organs of the government.
Is there a statute of limitations in suits to be filed against administrative bodies?
The claimant must apply to the Upper Administrative Court within 75 days of learning about the decision or negligence of the administrative body. However, an application for the annulment of a decision of the administrative authority, submitted to the superior body will freeze the clock on the 75-day count. If the said application is not replied to within 30 days, the process of filing a suit will continue where it left off.
Who can file a suit against administrative bodies in Cyprus?
A person whose standing is harmed, directly or indirectly, as a result of an act, a decision or negligence can file a suit.
Can the relatives of a person, who died as a result of an occupational accident, file a suit?
Relatives of the person, who has lost his or her life in an occupational accident, can file a suit within the one-year period following the accident. The estate of the deceased person can also file a suit for the death or the damages suffered as a result of the death.
Under what circumstances can occupational accident cases be filed?
The party suffering damage in an occupational accident can file a suit based on either a wrongful act or the violation of the contract. The party suffering damage is free to elect which of these two causes the suit should be based on. However, if it is ruled that a compensation is to be paid due to the wrongful act, you cannot file an additional suit due to contract violation.
What are the employer’s legal responsibilities concerning occupational safety?
The employer is responsible for taking steps and precautions to ensure the health and safety of the persons employed at the workplace, creating conditions to accomplish this objective, ensuring availability of all relevant items needed, as well as the covering of the hazardous parts of any machines.
Does the trademark registration I made in Turkey also cover Northern Cyprus?
Even if you have registered your trademark in the Republic of Turkey or anywhere else in the world, you still need to register it in Northern Cyprus. The registration is carried out at the Department of Corporations, Brands Division (Şirketler Mukayyitliği Markalar Bölümü), where you can undertake the registration of all trademarks of your company bearing a name or logo.
Can a person located outside of Cyprus follow up on the purchase process of real estate in his or her name?
Individuals who are located outside of Cyprus or those who do not get involved in such follow-up personally can provide their attorney with a warrant of attorney, thus enabling the performance of all related tasks by the attorney.
How much is the stamp duty? Where is the stamp duty to be paid?
The stamp duty corresponds to 0,5% of the sale value stated in the contract.
How does registering the sales contract protect buyers?
After sales contracts are signed, they are registered with the local deed office. Such registration must be performed within no later than 21 days following the sale and can only be completed if the stamp duty of the sales contract has been paid.