Özet:

According to Turkish Commercial Code, Article 613/2, by means of articles of association of limited liability company, regulating a non-competition rule is allowed between partners and limited liability company; on the other hand, there is no any provision that allows non-competition among partners. Yet, in practice, the articles of association in some limited liability companies provide non-competition among partners in addition to non-competition between partners and the limited liability company. Such a prohibition of competition is not compatible with Article 48/1 of Turkish Constitution and imperative provisions of Law on the Protection of Competition, Turkish Code of Obligations and Turkish Civil Code, furthermore, the provisions of articles of association that is related with the non-competition have absolute nullity

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