Att. Cemil Şaar
Attorney at Law · PhD Candidate in Private International Law · Istanbul Bar Association
This site is my personal platform as an attorney at law and doctoral candidate in private international law at Istanbul University. It exists to share my published work, outline the areas I practice in, and make it easier for clients, fellow researchers, and practitioners to find me.
Att. Cemil Şaar
I am an attorney registered with the Istanbul Bar Association (No. 1) and a founding partner at KST Law & Consultancy in Istanbul. My practice focuses on private international law, intellectual property, commercial law, and the legal frameworks governing foreign investment in Turkey.
I advise and represent foreign investors, companies, and individuals across a range of sectors including construction, hospitality, textiles, fashion, and Web3 — covering company establishment, contract management, litigation, and cross-border dispute resolution.
My academic work runs parallel to my practice. I completed my LL.M. at Bilkent University, graduating with honors, and am currently a doctoral candidate in Private Law at Istanbul University with research interests in private international law and emerging areas of civil liability.
My published work appears in peer-reviewed journals and on practitioner platforms, covering topics I actively work on in practice.
I advise and represent foreign investors, companies, and individuals across a range of sectors including construction, hospitality, textiles, fashion, and Web3 — covering company establishment, contract management, litigation, and cross-border dispute resolution.
My academic work runs parallel to my practice. I completed my LL.M. at Bilkent University, graduating with honors, and am currently a doctoral candidate in Private Law at Istanbul University with research interests in private international law and emerging areas of civil liability.
My published work appears in peer-reviewed journals and on practitioner platforms, covering topics I actively work on in practice.
Practice Areas
The following reflect the primary areas in which I practice and publish. Each field listed below involves a degree of cross-border or regulatory complexity that I find both practically and academically engaging, while also being fields that I have the necessary competence in.
My doctoral research and a significant portion of my litigation practice fall within private international law. I handle cases involving foreign nationals and entities before Turkish courts, including questions of jurisdiction, applicable law, reciprocity, and enforcement of foreign judgments. I have litigated cases involving foreign plaintiffs' procedural rights under Turkish civil procedure, international service of process, and asset recovery across jurisdictions.
I advise foreign investors entering the Turkish market across multiple sectors. This includes entity structuring and establishment, regulatory compliance, ongoing operational counsel, and exit planning. I work directly with clients on the legal dimensions of investment processes from inception through dispute resolution and generally prefer to offer a full service to ensure maximal safety for clients.
Foreign investors operating without a local partner are required to incorporate in Turkey as outside of very rare cases they are not allowed to operate as personal businesses. The process of incorporation while being straightforward, is important. As any number of small mistakes may create potential liability in the future. Non compliance with work permit regulations, tax code violations, failing to navigate through the local rules set by municipalities and business chambers are just some examples of mistakes that can be made if proper counsel is not present. I generally prefer to offer a turn-key service to my clients who wish to incorporate in Turkey to make sure they avoid the numerous possible pitfalls that await them.
Tenancy is a heavily regulated field in Turkey and one which has one of the biggest clouds of misinformation surrounding it. I have been advising clients on this field for a long time. Following the enactment of Law No. 7464 and its implementing regulation, I have started to advise property owners, platform operators, and foreign nationals on compliance requirements, permit procedures, and enforcement risks of short term rentals through platforms such as "Airbnb" under the new framework.
Mergers & acquisitions involving Turkish entities require navigation of both Turkish commercial law and, where foreign parties are involved, the relevant private international law framework. I advise on the structuring, due diligence, and legal documentation of transactions, with particular attention to the regulatory approval requirements, competition law considerations, and the common pitfalls that arise when foreign buyers are unfamiliar with local corporate governance requirements. I also represent clients in post-acquisition disputes where the transaction has given rise to litigation.
I advise clients on intellectual property matters under Turkish law, covering copyright, trademarks, and related rights. This includes protection strategies, registration processes, and enforcement — both in advisory work and litigation. I have particular experience with IP issues arising in digital and creative industries, where the intersection of technology and existing legal frameworks continues to raise unresolved questions. My published academic work in this area informs the practical advice I provide, particularly on questions where Turkish doctrine is still developing.
I have litigated high profile cryptocurrency asset disputes before Turkish civil courts, including questions of legal classification, restitution, compensation in foreign currency, and private international law dimensions of crypto-related claims. I follow and publish on the evolving regulatory and judicial treatment of digital assets in Turkey.
Even though long years of foreign investment has brought about a very considerable amount of know-how into the Turkish labour sphere, many locally run businesses, especially family owned ones, still have not been able to operate in a manner fully compliant with the requirements of the Labour Laws enacted in Turkey, mainly the law numbered 4857. While litigation takes its due course in teaching business owners what happens when they don't comply through force - many businesses still operate without adhering to best practices. Through our collective experience, me and my partners provide consultation to employers in terms of avoiding any lawsuits while representing employees on how to get just compensation for their labour.
Turkey's tax and regulatory environment is complex and subject to frequent change. Corporate tax obligations, VAT, withholding requirements, and sector-specific levies each carry distinct compliance requirements — and the consequences of non-compliance can be significant, particularly for foreign-owned entities. I advise clients on their tax and regulatory obligations in Turkey, with a focus on ensuring that their operations remain compliant as the legal framework evolves.
I advise foreign nationals and companies on the legal processes governing entry, residence, and employment in Turkey. This includes work permit applications, residency permit procedures, citizenship acquisition pathways, and the regulatory requirements that employers must meet when hiring foreign staff. I also assist clients navigating complications that arise during these processes, including rejections, appeals, and compliance issues with the relevant authorities. Given my broader practice in foreign investment, I frequently handle migration matters as part of a wider onboarding process for investors and executives relocating to Turkey.
Publications
The articles below are non-academic pieces I write based on my personal experience and research interests. Their purpose is to provide practical guidance to practitioners and clients, raise awareness of legal developments I consider underaddressed, and draw attention to recurring problems and misapplications I encounter in legal practice.
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Office Address
Gayrettepe, Barbaros Boulevard,
No:163/B, F:3 Apt:5, Beşiktaş/İstanbul.
Gayrettepe, Barbaros Boulevard,
No:163/B, F:3 Apt:5, Beşiktaş/İstanbul.