In the event that a limited liability company partner is excluded from the partnership, TCC has made it a provision to pay a separation amount equivalent to the actual value of the principal capital share to the partner who leaves the company in order to prevent the related partner’s departure from the partnership from being considered a punitive approach. In order to determine the reason for decoupling, an interim balance sheet must be prepared in-partnership by the limited liability company directors. As a matter of fact, in the justification of the relevant provision, it is also stated that at least the “balance sheet value” of the shares is expressed with the expression “corresponding to their actual value”. However, it should be emphasized at this point that the determination of the decoupling fund will be determined according to the interim balance sheet to be prepared by the partnership directors, although,
it is possible that this agreement may be challenged by partners at any time by those who have been identified. Accordingly, the location of the relevant partner company may request a re-determination of the amount of the said separation fund with a determination case to be opened in the commercial court of first instance. The issue of when the separation agreement will be terminated is also regulated in the TCC. Accordingly, in order for the separation agreement to be valid, the partner must first be separated from the partnership;
akçesi shall not be exempt unless a decision of the general assembly has been taken or the removal case filed by the partnership has been finalized. In addition to this, the separation agreement is based on (i) the fact that the partnership has a usable equity, (ii) the transfer of the principal capital shares of the issued person, and (iii) the reduction of the principal capital of the partnership
if it is gone, it will be muaccel with separation. However, we would like to emphasize that the part of the separation agreement that is not paid to the partner who has left the partnership constitutes a receivable against the partnership that comes after all creditors. The exemption of the non-paid part of the leaving capital begins with the determination of the amount of available equity in the annual report; however, the equity of the partnership determines the leaving capital of the leaving partner
if it is insufficient to pay, the principal capital of the partnership must be reduced and the necessary payment must be made to the partner who has left the partnership in this way.
