Company Registration in Turkey
In Turkey, persons are legally classified into two types, real and legal. Before paying to the company registration process, it is better to examine the criteria according to which companies are divided. There are usually three criteria for categorizing companies:
1)Type of real or legal personality of the company:
2)Criteria of capital or persons:
3)Responsibility of partners:
- A) Companies that are legally owned by a separate legal entity are:
1.anonım Joint Stock Companies
2.limited Limited Liability Companies
3.kolektif partnerships
4.komandit joint ventures
5.kooperatif Cooperatives
- B) Companies that do not legally have a separate legal entity and follow Kimlik(ID) and the identity of the partner or partners are:
1.adı ordinary or (personal) companies
2.donatma iştiraki
2. The second criterion is separation through capital. Capital-based companies are:
- Anonim Joint Stock Companies
- Limited Liability Company
- Paylı komandit mixed power company
3. The third criterion and, of course, the most important criterion is the division based on the liability of the partners.
A) Ordinary (personal) companies: Due to the lack of legal personality, the company has the priority of paying any kind of debt indefinitely to the partners. Unrestricted means that the amount of debt, no matter how large, can be taken not only from the company’s account but also from the movable and immovable property of the owner or owners of the company.
B) Liability companies: This type of company consists of at least two real persons. There is no difference between them in any field, so the priority is to pay any debt first through the company and in case of non-payment of part or all of the debt indefinitely to the partners. Is the same.
C) Joint ventures: This type of company must also consist of at least two real persons. There is a difference between these people. In fact, the name of the company also arises from the mix between the partners. One of the partners is called komandite, which has unlimited liability It owes any debt to another partner komanditer, whose responsibility in paying the debt is limited and only to the amount of its share capital.
In type A, B and C companies, it is possible for the company’s partners to face creditors
D) Joint stock companies: even one person is enough to establish them. In this type of company, people are in the second place to pay any debt because the formation structure is based on capital
E) Limited liability companies: In this type of company, each of the individuals as business partners in the company share in the company’s profit and loss as much as their share and the shares of each partner are reserved. The company itself must collect the debt.
It should be noted that types “D” and “E” are required to pay the debt to the legal entity of the company, ie it is not possible for the company’s partners to face creditors.
Before registering any company according to the type of business done, be sure to follow the company registration process in consultation with a reliable expert in this field so that we do not have any problems.
Note: Foreign nationals can not register a personal company şahıs şirketi can only register a personal company if they have 5 years of extended residence or Turkish citizenship.
After getting acquainted with the types of companies, we review the general documents required to register two types of joint stock companies and limited liability companies:
Necessary Documents for Registration of Joint Stock Companies
To register a joint stock company in Turkey, you must prepare the following documents:
• The company’s articles of association, signed by all shareholders, in two copies
• Declaration of a special joint stock company that has been completed and signed by all members of the company in two copies
• Provide a completed company name form
• Receipt deposited to register a joint stock company
• Documents of all members of the company such as identity card, national card, etc. with a copy
• Minutes of the General Assembly of Founders signed by shareholders and inspectors in two copies
• Minutes of the board meeting that has been approved and signed by the elected directors in two copies
• Certificate of no criminal record for the manager and members of the company
• The original power of attorney of a lawyer to follow up the affairs of a joint stock company by a lawyer
Documents Required to Register a Limited Liability Company
To register a company in Turkey, you must prepare the necessary documents for legal registration according to the type of company.
• Company letter completed in two copies
• Company registration application in two copies
• Completed articles of association of the company in two copies
• Completed company name selection form
• Deposit receipt for company registration
• Original legal license to register a limited liability company
• Identification documents related to company members such as passports with a validity of 6 months along with their copies
• Certificate of no criminal record of all members of the company
• The original power of attorney of a lawyer to pursue the affairs of a limited liability company by a lawyer
Benefits of registering a company in Turkey:
1. The possibility of free trade with the world without being affected by any restrictions imposed by sanctions
2. Obtaining residence in Turkey annually through company registration and the possibility of registering for citizenship after 5 years of short-term residence extension
3. Obtaining a work permit or Çalışma Izni and the possibility of using SGK social security services insurance as a result
4. Possibility of opening a bank account and obtaining DEBIT and CREDIT bank cards.
5. Despite the depreciation of the lira against the dollar, Turkey’s economic growth, especially in the fields of tourism, automobiles and parts, agriculture and transportation (logistics)
6. Geographical location of Turkey and its centrality for the three markets of Asia, the Middle East and Europe
7. Very close to Iran and the common land and air border
8. Stabilization of political and economic relations between Iran and Turkey during at least the last 18 years
9. Consolidation of labor laws and company registration regulations in Turkey
10. No need for a Turkish partner and the possibility of 100% ownership of shares and companies by foreign nationals
11. Lower costs of accounting and financial consulting compared to European countries
12. Low labor costs compared to European countries
13. Government facilities and incentives, especially for foreign registration companies
14. Calculating taxes in terms of income, not in terms of capital, which keeps corporate taxes low in Turkey, especially in Europe.
15. Short-term process for registering a company
Finally, it is very important to point out that for any economic activity in Turkey, including: shops, restaurants, etc., we need to register a company.