The regulations for associations, the trusts, civil partnerships and the cooperatives, can be found in the law of obligations. These regulations also provide for an ordinary company (adi şirket). An important issue for the investors are the corporate forms provided for in the Turkish commercial code.
Specific additional laws need to be complied with by banks, insurances and companies quoted on the stock exchange.
Commercial companies are legal entities and obtain this status through their registration in the trade register; at the same time, they obtain the status as a merchant. Corporate forms other than those provided for and conclusively listed in the Turkish commercial code are not available for commercial companies (numerus clausus).
It has been the intention for some years to introduce the possibility of establishing limited companies with only one partner, by means of a revision of the Turkish commercial code. At present, the establishment of a Ltd. Şti. (a private limited company) mandatorily requires two shareholders, while an A.Ş. (a public limited company) requires five shareholders.
Information on the Hague Convention
abolishing the requirement for legalisationfor foreign public documents
The following documents are always required if foreigners intend to establish a company, provided that the future shareholders are companies:
If the foreign future shareholders are individuals:
All copies must be notarised and be furnished with an Apostille in accordance with the Hague Convention, which constitutes a superordinate certification of notarisations issued by the state.
Attorney under German law, Bar certified specialist for Criminal Law Cüneyt Gençer
E-Mail: gencer@gencer-coll.de • Tel. +49-(0)-911-37 66 76-63
Tax Consultant, Dipl.-Kfm (Univ.) Bernhard Hofer
E-Mail: hofer@gencer-coll.de • Tel. +49-(0)-911-37 66 76-63