Enforcement & bankruptcy · Legal information

Is an Attachment Placed on the Debtor's Company Share?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The question whether an attachment is placed on the debtor's share in a company is not answered by a seizure of the company's cash. The share is the partner's right in the company. Enforcement attaches this right by notifying the company. The creditor does not become a partner by the attachment by itself. Going to the partner's house for the company's own debt is not recounted here. A deduction rate is not written in this text.

Who is notified

The request for attachment carries the debtor's name and which share in which company is meant. The notice goes to the company. If the company's trade name on the trade register and the debtor's name are mixed, it has gone to the wrong legal person. If the debtor's name is not in the share register, the attachment is not treated as having found the money in the cash. In the file, the notice and the company's reply are a separate line. The register record confirms the trade name. The register does not become an assignment of the whole of the share to the creditor.

The notice made to the company is not memorised as an exact copy of every service. Service shows whether the writing went to the company. When there is no service, the result is not completed from here. If the company's reply writes that the transfer of the share is limited, that sentence is read. The limit does not by itself mean the attachment does not exist at all. The decision is built if the debtor's name and the company's trade name are standing. When there is no trade name, the cash is not treated as emptied. The petition writes which share is meant. The petition does not make the creditor a partner. The application is the request for attachment in the enforcement file. The application does not carry the company's debt to the partner's house.

Not a pledge, not immovable property, and not a rate

A pledge created on the share by contract is a security separate from the attachment. The pledge contract is not another name of the attachment minute. The two may overlap on the same share. The order is not chosen before the pledge writing and the date of the attachment are read. When there is no date, the order is not invented from here. A share on the land register is not a partnership share. The land of a factory is not read as a share certificate in a limited company. The three may stand side by side in the same person's assets. The three are not squeezed into a single attachment minute.

A notice for a right in a third person's hands may be a writing that goes to a bank account. The notice of the share made to the company is not memorised as an exact copy of that notice. If a dividend is to be discussed, a deduction rate is not written here if it is not written in the file. A percentage is not produced. An invoice or a company document may show that the share exists. The document does not give the creditor a voting right. Not every file carries the same type of company. If the minute writes which right the attachment was placed on, it is read as limited to that right.

If a part of the share is to be attached, which part it is should be written. If the part is not written, the whole of the company's assets is not treated as attached. A usufruct or a voting right does not pass to the creditor by the attachment by itself. The passing is read from that step if there is a step to be formed separately. When there is no step, a promise of voting is not given. The company's bank account is not the partner's share. A writing that goes to the account is not read as a copy of the notice of the share. If a prohibition of transfer stands in the articles, that sentence does not mean the attachment was never placed. The prohibition has the manner of the sale read separately. The day of the sale and the deduction rate are not written here. If the rate is not in the file, a rate is not produced. If the debtor has more than one group in the share register, each group is read on a separate line. The groups are not squeezed into a single sentence of attachment. If the company's reply is late, the delay does not by itself mean the attachment fell. If the text of the reply is standing, that text is read.

A Çankaya address does not choose the owner of the share

Counsel in Ankara who asks whom the attachment will go to does not change the competent authority from the address of the office in Çankaya. The name of the district is not written in the place of the company's register address or of the enforcement office. The competent place is read from the rule of the enforcement file itself. The door of the office does not write a deduction rate.

The share is read from the notice

If the notice that went to the company and the share register are standing, the file is read from there. This article does not complete the attachment with a deduction rate. This article does not count the creditor as a partner by this step.

Conclusion

An attachment of a share looks at the debtor's right in the company and at the notice made to the company. Emptying the cash, or making the creditor a partner, is not the name of this step. The company's debt not passing to the partner is in a personal attachment. The general name of attachment is in how an attachment happens. The pledge contract is under a pledge of shares. The writing that goes to a third person is under an attachment notice. The share on the land register is under attachment of immovable property. The frame is on enforcement and bankruptcy. The official basis is Enforcement and Bankruptcy Law No. 2004 and Turkish Commercial Code No. 6102.

Legislation

Frequently asked questions

Is the partner's share attached for the company's debt?

This page is not that question. The company's debt not passing to the partner is a separate article. Here the debtor is the person who owns the share. The attachment goes to that person's right in the share, not to all of the company's property.

Does the attachment make the creditor a partner?

It does not. The attachment seizes the right on the share. Voting at the general meeting, or taking the profit into one's pocket, is not a promise of this page.

Is it the same thing as a pledge of the share?

It is not. A pledge is a security created by contract. An attachment comes from the enforcement file. The two may overlap on the same share. The order is not chosen before the pledge writing and the date of the attachment are read.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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