Increasing economic competition in today’s world has increased the importance of the legal steps of the companies.Therefore, the slightest legal mistake can cause you to stay behind in the competitive environment as well as the costs to be increased.
In order to avoid these problems, a lawyer who is reliable and constantly monitoring company issues will provide you serious support.This will of course take you forward in a competitive environment.
Types of companies in Turkey
Here we will explain some of the specific types of companies for get an idea about systems of Turkey’s company law.
It is the type of company that two or more people form by putting their goods and labor in order to realize a common purpose. They are companies that do not have a separate entity from the ordinary owner. The simplest company model.
Ordinary companies subject to the Code of Obligations that do not have legal personality. Therefore, the partners have joint ownership over their assets
Its foundation has not been subjected to any particular form.It may be established by written or oral agreement in terms of difficulty of proof. The contract is notarized. Unless otherwise specified in the agreement, the profit and loss shares of the shareholders are equal even if the capital amount is different.
Companies established by one or more natural or legal persons under the trade name are called limited companies.
The principal capitals of such companies are certain and this capital consists of the sum of the main capital shares.
Limited companies, which can be established for any economic purpose and subject that is not prohibited by law, cannot operate only in the fields of insurance and banking.
Limited companies cannot have more than 50 partners, and a single partner company can be established. The shareholders are not responsible for the company’s debts and are only liable to pay the capital shares they have committed.
A joint stock company is a company whose capital is definite and divided into shares, and which is responsible only for its assets due to its debts. (Article 329 of the TCC).
Joint stock companies may be established for any economic purpose and subject that is not prohibited by law. (Article 331 of the TCC).
In order to establish a joint stock company, the existence of one or more founding shareholders is essential. (Article 338 of the TCC)
In non-public joint stock companies that have accepted the registered capital system, the initial capital cannot be less than one hundred thousand Turkish Liras.
As it can be seen, a joint stock company is a type of company that requires expertise from its establishment to its management, borrowing and processing.
Below you will find the points to consider before, during and after the establishment of the company.
Considerations before the establishment of the company
Before starting a new company, consider all expenses,documents to be collected, and the business plan in advance. Pay attention to rising costs and competition items such as rent, insurance. Also investigate all costs specific to the industry branch in which your company or business operates.Alanya lawyer does all the necessary these procedures on behalf of his clients.
Don’t spend heavily before you give your company a legal status.You may not be able to deduct your expenses before you officially start the company.
Prepare the lease agreement by identifying the trade title and the location of the establishment.Sign a contract with your financial advisor and attorney to carry out the company’s operations. Joint stock companies are required to have lawyers. But whatever your type of company, always work with a lawyer.In our law office located in Alanya, Alanya lawyer serves on these issues.
Even if you have established a Capital Company, remember that the tax liability that cannot be taken from the legal entity of the companies is first charged to the directors or members of the board of directors who are the legal representatives of the company.However, in the event that the legal representative cannot be charged, the company’s partners who do not have the capacity to be directors or members of the board of Directors shall be responsible.
Controlling trade title
In accordance with the provisions of the Turkish Commercial Code and other legislation, the title must be protected throughout Turkey in both establishment and title changes.You can consult Alanya lawyer about how this should be done.Our international law firm, located in Alanya, makes these transactions with Alanya lawyer.
Making transactions over Mercis
All trade registry offices in Turkey operate through Mercic. Title, purpose and subject, capital, partnership structure, etc. you must create a “MAİN AGREEMENT” in which the topics are written.However, this articles of association shall be formed from MERCIC and the MERCIS Request Number shall be certified to the notary public.When you’re doing these procedures, you’ll probably encounter officers who don’t speak English.Alanya lawyer, Enes Nergiz, can make these transactions on your behalf.
You should have your main agreement checked with the trade register before notarization. Otherwise, if the main agreement that you have certified in notary public is not accepted by The Trade Registry, you will have to pay the notary public costs again.Registration must be made to the Trade Registry Office within 15 days after the articles of association(main agreement) have been approved by the notary public, otherwise the contract will be void.
In addition, at least one of the company’s partners must have unlimited management rights and representation authority in the articles of association and signature circular.In the articles of association, all partners, members of the board of directors and directors must have their names and surnames as well as their place of residence, nationality and Turkish Republic identification numbers (tax number of foreign nationals).You can consult Alanya lawyer at this stage.
Tax Office operations
The Commercial Registry Office informs the Tax Office and Social Security Institution of the establishment of the company.After all the necessary documents have been submitted to the Tax Office, a polling officer will be sent to you so that your company’s tax sign can be opened.This officer is checking to see if the location is suitable to open the company. If the polling officer sees fit, he will give you a polling record. You can issue a tax sign on behalf of your company by giving this record to your accountant.For more detailed information, you can consult Alanya lawyer.
For all your questions about the company, you can call our law office in Alanya and ask Alanya lawyer.