Status of Companies in Liquidation

2022-09-12T16:59:56+00:00 15 September 2022|
Company share being personal property: Adding the profit share to the company as a dividend or on a monthly basis
Company stock being acquired property: Value of company stock
“..The spouses’ properties are taken into account with their version values ​​at the time of liquidation, according to their status (attribute, level, age, etc.) at the time of the expiration of the property regime (TMK No. 4721 art.228/1, 232, 235/1 and 239/1) . According to the practices of the Supreme Court and our Chamber, the date of liquidation is the date of the decision. Accordingly, the release value on the date of liquidation (decision) should be determined based on the situation of the company subject to liquidation at the time the property regime ended. The status and value of the company at the time of the expiry of the goods regime; The general situation of the economy at that time, the position of the sector in which the company operates, its size and growth rate, the position of the company subject to liquidation in the sector, its share, asset and capital structure, the technology used by the company, the state of the machinery and installations and research and development (R&D) activities, its power to produce the services and products it produces, its growth potential, 5-10 year forecasts of the company’s sales, earnings, cash flows and financial condition at the time of evaluation, profit distribution policy, future planned fixed asset investments, strategy, competitive position, customer portfolio, organization and management team, as well as the analysis of the cash flows expected to be generated by the company in the future, are determined by considering the general supply and demand rules of the economy. After that, according to the methods and criteria explained above, the market value (current) value determined as of the date of the expiry of the goods regime of the subject company, and its value on the date of liquidation (decision) should be determined by taking into account the CPI (Consumer Price Index). In order to make the above valuation, determination and calculations, help should be sought from an expert or experts if necessary.” 8th Civil Chamber of the Court of Cassation, 11.10.2018T., 2016/10980 E., 2018/17131 K.
«The work to be done by the court; From the date of marriage until 07.01.2013, when the property regime ends, whether the company subject to the lawsuit made a profit, whether the company’s dividend (dividend=earnings) was paid to the defendant spouse if it made a profit, whether it was available if it was paid or whether it was converted into any investment, dividend payment If not, it is to investigate and determine whether the profit is used as an investment in the company. In case dividend payment is made or the profit is used as an investment in the company, the real value reached by these amounts as of the end of the goods regime should be determined and taken into account in the liquidation of the goods regime. In case the paid dividend is not available at the end of the goods regime; After all the evidence gathered in line with the claim and defense, the economic and social status of the family, the standard of living and the reasonable amount considered to be used in family expenditure according to the ordinary course of life, the remaining amount should be considered in the liquidation of the property regime. 2nd Civil Chamber of the Court of Cassation, 20.10.2021 T., 2021/5618 E., 2021/7414 K. «In case the paid dividend is not available at the end of the goods regime; After all the evidence gathered in line with the claim and defense, the economic and social status of the family, the standard of living and the reasonable amount considered to be used in family expenditure according to the ordinary course of life, the remaining amount should be considered in the liquidation of the property regime. Supreme Court of Appeals General Assembly, 01.07.2021 T., 2020/458 E., 2021/889 K.
Hemen Arayın
Whatsapp