Abstract :
Article 133 of the Turkish Criminal Procedure establishes a distinguished sort of seizure, which is titled “appointing a trustee for the administration of a firm” In this study, we will analyze the seizure measure, then, a distinguished sort of seizure, and assignment and qualifications of the trustee for the administration of the firm appointed to run the business. In the assignment of the trustee for the administration of the firm there is a kind of measure which affects the whole company, or the assets comprising the debts and the credits of the firm. All the powers concerning the administration of the firm are transferred to the trustee in case of appointment of the trustee. Appointment of a trustee for the administration of a firm as preventive measure is, according to the law, a special kind of seizure measure which can be applicable to some categorized crimes. Only in cases where there is a strong suspicion of a crime, designated and cited by the Code for this purpose, an offense being committed within the activities of the firm, and it should be necessary to establish the factual truth, then maythe court have a recourse to appointing the trustee for the administration of the firm. The trustee is under an obligation to investigate and examine the decisions of the firm manegement (board) in terms of whether or not such decisions are detrimental to the firm’s benefit.
NaturalLanguageKeyword :
court , appointedcustodialtrustee (receiver) , strongsuspicion , seizure , categorizedcrimetype , companymanegement
