Trustee

A trustee is someone who is appointed to perform a business belonging to someone else or to manage a property in some cases determined by law.
Regardless of the consent of the business or owner, a trustee may be appointed by the Court in some cases specified by law. For example, a trustee may be appointed to a company or institution if there is a strong suspicion that he / she is committing restrictions, absences or certain crimes. A trustee is also appointed upon the request for postponement of bankruptcy. Trustees can be appointed by the court for consulting, management and supervision of companies.
Trustee; It ensures the management and supervision of the company in terms of continuing the activities of the company, continuing its business, protecting the company’s assets and improving the company, thereby protecting the interests of the company and its creditors as well as shareholders.
Turkish Civil Code:
Guardian and trustee
Item 403 – The guardian is obliged to protect all interests of the minor or the restricted person under guardianship and to represent him in legal proceedings. The trustee is appointed to view certain jobs or manage assets. The provisions of this Law on the guardian are also applied to the trustee, unless otherwise stated.

DEPARTMENT AND LEGAL CONSULTANCY

.Cases requiring trusteeship

.Representation

ARTICLE 426- The guardianship authority appoints the trustee at the request of the relevant person or ex officio, in the following cases as stated below or indicated in the law: 1. An adult person will be able to perform an urgent job or appoint a representative due to his illness, being in another place or a similar reason. if there is a conflict between the interests of the legal representative and the interests of the minor or the restricted, 3. If there is an obstacle for the legal representative to fulfill his duty.

.Administration

.By law

ARTICLE 427 – The guardianship authority takes the necessary measures for properties that do not belong to anyone and appoints a management trustee, especially in the following cases:

.If a person cannot be found for a long time and his place of residence is unknown,

.Although there is no sufficient reason to be placed under guardianship, if a person lacks the power to manage his assets on his own or to appoint a representative for this,

.If the rights of inheritance in a estate are not yet clear or if the interests of the fetus require it, 4. If a legal person has been deprived of the necessary organs and its management cannot be achieved in any other way, 5.Managing money and other assistance collected from the public for a charity or other work with the purpose of general benefit, or if no way of spending could be provided.

On request
Item 428 – If there is one of the optional restriction reasons, a trustee can be appointed to a mature person upon his / her own request.

.Legal advice

ARTICLE 429- A legal advisor is assigned to a mature person who is deemed necessary to restrict his capacity to act in terms of protection, although there are no sufficient reasons for its restriction, for the following matters: Establishment of real rights, 3. Purchase, sale and pledge of valuable documents, 4. Construction works outside the boundaries of ordinary management, 5. Lending and receiving, 6. Taking capital, 7. Donating, 8. Undertaking foreign exchange commitment, 9. Do not surety. Under the same conditions, the authority to manage a person’s assets can be abolished without prejudice to the right of disposal in their income as they wish.

.Authority

Item 430- The trustee of representation is appointed by the guardianship authority of the place of residence of the person to whom a trustee will be appointed. The management trustee is appointed by the guardianship authority where the majority of his assets are managed or the property belonging to the person represented is located.

.Method

Item 431- The rules regarding the appointment of a guardian are also applied in the appointment of a trustee and legal advisor. The decision on the appointment of a trustee or legal advisor is announced only if the guardianship authority deems it necessary.

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