Turkish Business Partner Secretly Transfers Contracts, Customers and Revenue to a New Company: Lawsuit and Compensation Guide 2026

What can a foreign investor or company do when a Turkish business partner secretly transfers contracts, customers and revenue to a new company? Learn about injunctions, evidence and compensation claims.

A Turkish business partner who secretly transfers contracts, customers and revenue to a newly established company may expose both the partner and the new company to serious legal claims. The conduct may involve breach of contract, unfair competition, misuse of confidential information, diversion of corporate opportunities or breach of management duties.

However, not every customer who changes suppliers or every new company established by a former partner is automatically unlawful. The injured company must prove how the customer relationships, contracts or revenue were diverted and whether the conduct violated contractual, corporate or commercial obligations.

Foreign investors should act quickly because digital records may be deleted, customers may be pressured to sign new contracts and revenue may continue flowing to the new company.

What Does Customer and Revenue Diversion Mean?

Customer and revenue diversion may occur when a partner, director, manager or employee uses the original company’s relationships and resources to benefit another business.

Examples include:

• Moving existing customer contracts to a new company.
• Sending invoices through the new company.
• Redirecting customer payments.
• Using the original company’s customer database.
• Transferring employees and sales staff.
• Using confidential pricing and supplier information.
• Taking active negotiations before contracts are signed.
• Moving company equipment or inventory.
• Presenting the new company as the original business.
• Concealing revenue from the original company.
• Terminating contracts without authority.
• Offering customers lower prices using confidential company data.

The legal assessment depends on ownership, authority, contractual restrictions, customer consent, the partner’s duties and the financial impact on the original company.

Can a Business Partner Transfer Customers to a New Company?

A partner may establish another business in some circumstances, but the partner may be restricted by contractual, corporate, confidentiality, non-compete or good-faith obligations.

The issue becomes more serious where the partner:

• Uses the original company’s confidential customer list.
• Transfers contracts belonging to the original company.
• Uses company employees or assets.
• Diverts payments to a personal or related company.
• Signs documents without authority.
• Conceals the new business from other shareholders.
• Exploits company opportunities for personal benefit.
• Causes the original company to lose its main revenue source.

A customer’s voluntary decision to change suppliers is not necessarily unlawful. The company should focus on the partner’s conduct and the use of company resources.

Who Can Bring the Lawsuit?

If the contracts and customers belonged to the Turkish company, the company may be the primary claimant. A foreign shareholder may need to request corporate action, challenge management conduct or use a derivative remedy where legally available.

A foreign investor may have a direct claim if:

• The partner breached a shareholder agreement.
• The investor was personally misled.
• A personal guarantee or investment warranty was breached.
• Voting or information rights were violated.
• The investor suffered a separate direct loss.

The new company may also be sued where it knowingly participated in the diversion or benefited from confidential information, unauthorized transfers or an unlawful transaction.

Standing should be determined before filing because a shareholder cannot automatically recover every loss suffered by the company.

What Evidence Should Be Preserved?

The injured company or foreign investor should preserve:

• Original customer contracts.
• Customer lists and CRM records.
• Emails and business messages.
• Sales reports.
• Invoices and payment records.
• Bank transfer information.
• Pricing and quotation documents.
• Employee communications.
• Board and shareholder resolutions.
• Customer termination notices.
• New company advertisements.
• Domain names and social media records.
• Accounting software data.
• Delivery and inventory records.
• Evidence of customer introductions.

Digital evidence should be retained in its original form with metadata where possible. Screenshots alone may not establish authenticity or show the complete conversation.

Can an Injunction Stop the New Company?

In urgent circumstances, the injured company may request an interim injunction to prevent specific acts, such as:

• Using confidential customer information.
• Presenting the new company as the original business.
• Continuing to use company trademarks or materials.
• Transferring identified contracts.
• Diverting customer payments.
• Selling or moving company inventory.
• Destroying accounting or customer records.
• Using company equipment or databases.

The applicant generally must show a credible claim, urgency and a serious risk of harm. The court may require security and will examine whether the requested measure is specific and proportionate.

A broad request preventing all competition may be difficult to obtain. The application should identify the exact customers, contracts, data or assets at risk.

Can the Company Obtain a Precautionary Attachment?

If the company has a monetary claim for lost revenue, diverted payments or compensation, a precautionary attachment may be considered.

The applicant should identify the legal claim, estimate the financial loss and show that the defendant may transfer or conceal assets. The court may require security.

Potential assets may include:

• Bank accounts.
• Receivables.
• Real estate.
• Vehicles.
• Shares.
• Machinery.
• Inventory.
• Customer payments.
• Revenue held by the new company.

A shareholder cannot automatically attach the new company’s assets for a loss suffered by the original company. The claim and legal connection must be established.

Can the Original Contracts Be Recovered?

The answer depends on how the contracts were transferred. If a director or partner signed a transfer without authority, the original company may challenge the transaction or seek compensation.

If the customer willingly terminated the original contract and signed a new agreement, the company may not automatically recover the contract. However, the partner’s use of confidential information, pressure, deception, unauthorized representation or breach of a non-compete obligation may create separate claims.

The company should review the contract’s assignment, termination, confidentiality, non-solicitation and change-of-control provisions.

Can the Company Claim Lost Revenue and Profits?

Potential compensation may include:

• Lost net profits.
• Diverted payments.
• Costs of replacing customers.
• Loss caused by unauthorized use of company assets.
• Expenses incurred to recover the customer relationships.
• Damage to goodwill.
• Unlawful profits obtained by the partner or new company.
• Costs of forensic investigation and legal protection.

The claimant must establish causation and avoid double recovery. Revenue is not the same as profit, and the court may require financial analysis showing what the company would likely have earned.

A forensic accountant may compare historical sales, customer contracts, margins, expenses and the revenue received by the new company.

Can a Non-Compete or Non-Solicitation Clause Be Enforced?

A non-compete or non-solicitation clause may help protect customer relationships, but its enforceability depends on its wording, duration, territory, scope and the parties’ legal relationship.

A clause that is too broad may face challenges. A properly drafted restriction identifying the protected business interest and reasonable limits may provide stronger protection.

Even without a specific clause, misuse of confidential information, unauthorized diversion of contracts or breach of management duties may create legal liability.

Can the Partner and New Company Be Sued Together?

In appropriate circumstances, the original company may bring claims against both the partner and the new company. This may be relevant where the new company knowingly received customers, contracts, funds, equipment, data or business opportunities belonging to the original company.

The claimant should explain the role of each defendant separately. A general allegation that both companies are connected may not be sufficient.

Evidence of common ownership, shared employees, identical advertising, transferred invoices, shared bank instructions and customer communications may help establish coordinated conduct.

Can the Conduct Lead to Criminal Liability?

Criminal issues may arise if the evidence indicates forgery, fraud, unauthorized access to systems, misappropriation, deliberate destruction of records or unlawful use of company property.

A commercial disagreement or lawful competition is not automatically a crime. A criminal complaint should be based on specific conduct and documents rather than suspicion alone.

Civil, corporate, tax and criminal proceedings should be coordinated carefully because statements made in one proceeding may affect the others.

Practical 2026 Legal Strategy

In 2026, customer diversion disputes increasingly involve cloud CRM systems, digital invoices, online payment platforms, electronic signatures, business messaging and social media advertising.

A practical strategy should include:

1. Preserve electronic and paper evidence.
2. Audit customer and revenue movements.
3. Identify the contracts and payments transferred.
4. Review partner authority and corporate approvals.
5. Send a formal preservation and cease-and-desist notice.
6. Request an interim injunction where necessary.
7. Consider precautionary attachment.
8. Calculate lost profit and diverted revenue.
9. File claims against responsible parties.
10. Monitor further transfers and insolvency risks.

Lawyer Fırat Fesih Kaya assists foreign companies and investors with customer diversion, unfair competition, shareholder disputes, injunctions and compensation claims in Turkey.

Frequently Asked Questions (FAQ)

1. Can a Turkish business partner transfer company customers to a new company?

Not necessarily. The transfer may create liability if the partner uses company assets, confidential information, contracts or authority for personal benefit.

2. Can the new company be sued?

Potentially, if it knowingly participated in or benefited from the unlawful transfer of customers, contracts, revenue or confidential information.

3. Can an injunction stop customer diversion?

In suitable cases, an injunction may prevent the use of confidential information, company data, trademarks, payments or identified contracts.

4. Can the original company recover lost revenue?

It may seek compensation for proven lost profits, diverted payments, investigation expenses and other legally recoverable damage.

5. What evidence is most important?

Customer contracts, CRM records, emails, invoices, bank payments, pricing documents, customer notices and communications with the new company may be crucial.

6. Is a customer’s decision to leave automatically unlawful?

No. The claim usually depends on the partner’s conduct, such as deception, misuse of confidential data, unauthorized transfer or breach of a contractual restriction.

7. Can a foreign shareholder personally sue for diverted company revenue?

The company may be the primary claimant. The shareholder may need a corporate, derivative or separate direct claim depending on the loss and legal rights involved.

8. Can lost profits be calculated from diverted revenue?

Potentially, but the claimant must distinguish revenue from net profit and prove the causal connection between the diversion and the claimed loss.

9. Can the partner face criminal liability?

Potentially, if the evidence indicates fraud, forgery, misappropriation, unauthorized system access or another criminal offense.

10. How quickly should the company seek legal assistance?

Immediately. Delays may allow contracts, customers, funds and electronic records to move permanently to the new company.

This article is provided for general informational purposes only and does not constitute legal advice. We recommend consulting a lawyer about your specific circumstances to avoid any loss of rights.

Legal Support for Customer and Revenue Diversion Disputes

Foreign companies facing secret customer transfers, diverted revenue or unauthorized contract movements should act before evidence and business relationships disappear. Fırat Fesih Kaya Law Office provides professional legal support throughout Turkey and internationally for injunctions, unfair competition claims, asset tracing, shareholder disputes and compensation lawsuits.

Call Now: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
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