A well-drafted shareholders’ agreement deals with a partner’s default before it happens, and provides graduated consequences rather than one blunt instrument.
The usual mechanisms are a period in which to cure the breach; a penalty clause under the Turkish Code of Obligations (No. 6098); temporary restriction of voting and management rights; set-off against dividends; a call option letting the other partner take over the defaulting partner’s shares; and, as a last resort, provisions for exit or expulsion. Built in from the start they turn a breach into a predictable contractual outcome instead of a long and uncertain lawsuit — and where speed matters they can be backed by interim protection such as an injunction. We draft the agreement with the breach scenarios and their remedies made concrete, not left to be argued about afterwards.
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