COMPANY ESTABLISHMENT PROCEDURE FOR FOREIGNERS


              COMPANY ESTABLISHMENT PROCEDURE FOR FOREIGNERS

Before making an official application to establish a company, foreigners must make some preliminary preparations regarding the establishment of a company. In this direction; The type of company to be established should be determined, a main contract should be prepared according to the content of the activities to be carried out within the scope of the company, and the physical needs of the company should be met. It is very important to get legal support during the preliminary preparation process. Because, many of the problems that foreigners experience during the establishment of a company in Turkey are due to mistakes and omissions made during the establishment of the company. The procedure to be followed with the completion of the procedures in the preparation phase is as follows;

Preparation of the articles of association of the company,

Submission of minutes and articles of association via MERSIS,

Arranging and notarizing documents and papers,

Obtaining potential tax number of the company,

Depositing a part of the capital to the Competition Authority bank account,

Depositing a portion of the capital into the company bank account,

Applying to the Trade Registry Office for registration,

Registration of the legal books of the company,

Requesting the company establishment statement from the tax office,

Arrangement of signature circular,

Transferring certain documents to the e-TUYS system.

The transactions we have stated above are general transactions that must be completed in the natural course of the process, and other transactions can be made according to the characteristics of the concrete case. Along with these transactions, it may be necessary to take other actions such as compliance with the Law on the Protection of Personal Data.

Mandatory Books Required for Company Establishment for Foreigners

Journal Book

Ledger – G/L

Accounting Inventory

Stock Book

Management Meeting Minute Book

General Assembly Meeting Minute Book

Documents Required for the Establishment of a Company with Foreign Capital

In the process of establishing a company by foreigners, some documents must be present in the first application to the Trade Registry Office. These documents are as follows;

company contract,

Passport copy of each of the shareholders,

Activity certificate about the signatories,

Corporate authority decisions showing the approval of legal entity shareholders for the establishment,

Decision containing the name of the real person who will act on behalf of the legal person and the assignment,

In case the process will be followed by proxy, notarized copy of the power of attorney providing authorization,

Signature statements,

Identity card copies of company directors.

The documents to be requested by the tax office during the process to be carried out in order to obtain a potential tax number are as follows;

Registration request petition,

Main contract,

Rental contract,

The following documents must be submitted during the registration process to the Trade Registry Office:

Registration request petition,

Organization notification form,

company contract,

Payment document to the Competition Authority,

Signature statements,

foundation declaration,

Chamber of Commerce registration form,

Written statements of non-partner members of the board of directors,

Bank statement of minimum capital deposit.

Advantages of Foreigners Establishing a Company in Turkey

The establishment of a company in Turkey by foreign investors provides many advantages and rights with the new law. Foreign investors, who have certain advantages and rights with the regulations declared in accordance with Article 3 of the Foreign Direct Investors Law, have the following rights and advantages within the scope of the said law:

There is a limitation on nationalization or expropriation of foreign direct investments.

-Foreign investors have the right to freely transfer their earnings and some external incomes out of the country in Turkey.

Foreigners who want to establish a company in Turkey have the right to resort to national or international arbitration and other dispute resolution methods in case of possible legal disputes.


-For companies to be established by foreigners, there is an ease of work permit in terms of employment of foreign personnel.

When it comes to non-cash capital, the reports of international value institutions are taken as reference.

They have the right to open a liaison office and branch office.

There are also some tax advantages.

As stated, there are many commercial and legal regulations that provide assurance to foreign investors. However, in order to benefit from these assurances, the legal infrastructure of the company must be created very accurately.

As Alanya law office, if you need legal services at every stage of Company Establishment Procedure for Foreigners and company establishment procedures for other foreigners, we, as Alanya LAW AND CONSULTING OFFICE, are pleased to serve you. If you need a lawyer in Alanya region, you can contact us on 0555 887 7007.


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