In short
The question of whether attachment reaches a shareholder for a company debt is answered as not arriving by itself because of share ownership. The shareholder is, as a rule, liable only for the capital share they undertook. Personal attachment is spoken if there is suretyship, a personal signature on a promissory note, an assumption of the debt, or a regime specific to the legal representative on a public claim. A rate is not added to this text.
A share is not the personal estate
The Turkish Commercial Code does not hold the shareholders liable for the company's debts in a limited company. The obligation is to pay the basic capital share that was undertaken. If the share debt was paid, the company's invoice, rent debt, or current account does not jump to the shareholder. In a joint-stock company, the shareholder is not unlimitedly liable towards the company's creditor on the same logic either. Being a member of the board of directors does not make every company debt a personal debt. Liability towards the company in the internal relationship, and the creditor's direct attachment, are not the same action. A sole proprietorship and an ordinary partnership are outside this rule. In those structures, the business debt may go more directly to the business owner's personal estate. The trade name on the request for proceedings separates a limited company from a sole proprietorship. The name on the signboard does not prove the type. The trade-register entry is what counts.
Suretyship, and the signature on the note
If you signed a suretyship, the creditor may pursue you separately within the limit in the text of the suretyship. Your being a shareholder neither builds this pursuit nor lifts it. The amount in the text, the joint-and-several record, and the date are read. This text does not write a percentage onto that amount. An oral message of "I am the surety" does not fill the condition of a written suretyship by itself. If you signed the promissory note in your own name, not with the company stamp, proceedings on a negotiable instrument may be directed at you. The capacity of aval or of endorser is separate from the capacity of director. The place of the signature in the text of the note is matched with the debtor's name on the payment order. A signature put with authority to represent in the company's name binds the company, as a rule. A claim of exceeding authority does not turn every invoice onto the director. The representation document and the signature circular are read side by side.
A public claim is not a copy of a commercial invoice
On tax and other public claims, there is a separate collection liability as regards the legal representatives of legal persons such as a limited company. This liability is within the frame of Law No. 6183. A public claim that cannot be taken from the company's estate may go to the representative if its conditions exist. Invoice proceedings at the commercial enforcement office do not use this regime. The tax office's payment order and the enforcement directorate's payment order do not go to the same period and the same court. If a public paper arrived, the heading of the payment order is read. If a commercial paper arrived, the name in the debtor box and the underlying contract are looked at.
If your name was written wrongly
If you appear as the debtor on the request for proceedings, your being a shareholder of the company does not mean you accepted the debt. The basis is read first. To whom the invoice was issued, who signed the note, whether there is a suretyship. If the debtor box is wrong, the door of an objection to the debt is open in proceedings without a judgment. The period runs from service. The objection is not used by staying silent without writing into the file the ground that you are not liable because you are a shareholder. Missing the period does not keep the objection to capacity by itself. Asking for attachment of the shareholder's salary directly, while the company's property stands, stays without a basis if there is no capacity of a personal debt. Attachment against the company and attachment against the shareholder are two writings. The document that is read is the trade-register entry, the signature circular, and the suretyship contract. Service separates to whom the payment order went. The petition writes why the debtor box is wrong. The decision does not treat share ownership as a personal debt. If the invoice was issued to the company, it does not jump to the shareholder. The record should write to whom the address the attachment went to belongs. The application should show the date of the register entry.
Where the company-debt file is read from
This article sets the register entry, the place of the signature, and the text of the suretyship side by side. This article does not write the rate of deduction into this text. This article does not treat share ownership as a ground of personal attachment. The Çankaya office does not change the competent authority.
Conclusion
A company debt does not bring attachment to the shareholder because of share ownership. Suretyship, a personal signature on a note, and the representative's liability on a public claim are separate doors. An Ankara lawyer does not write the rate without looking at the file. The frame stands on the enforcement and bankruptcy law page. A claim from the company is a separate intention. The note route stands under proceedings peculiar to negotiable instruments. The public paper stands under an action against the payment order, and the choice of debtor stands under a commercial claim. The type of company intersects with commercial law. The basis is the provisions of the Turkish Commercial Code No. 6102, the Enforcement and Bankruptcy Code No. 2004, and Law No. 6183.