Establishment of Companies in Türkiye

There are 5 types of companies in Türkiye. Joint Stock Company, Limited Liability Company, Collective Company, Comandit Company and Cooperative.

Joint stock companies, limited liability companies and limited liability companies divided into shares are limited liability companies. In capital companies, the partners are only responsible to the company with the capital they have committed.

Ordinary and collective companies are private companies. In private companies, the principle of secondary and unlimited liability of the partners from the company debts applies. The establishment, basic features and operations of these companies are regulated in the Turkish Commercial Code No. 6102. The Cooperatives Law No. 1163 is first applied to the Cooperative.

Joint stock companies and limited liability companies are the most common types of companies in Turkey. While 82% of the companies are limited companies, 13% are joint stock companies and 4% are cooperatives. 1% of the companies are collective and commandite companies.

Joint Stock Companies is the company that is responsible for its debts, the capital of which is certain and divided into shares, only with its assets.

A   joint stock company is a company whose capital is determined and divided into shares and whose debts are only responsible for its assets.

Shareholders are only responsible to the company with the capital shares they have committed. The minimum capital amount of these companies is 50,000 Turkish Liras. In terms of non-public joint stock companies that accept the registered capital system, the initial capital is at least 100,000 Turkish Liras. At least one quarter of the nominal values of the shares committed in cash must be paid before registration. The remaining amount shall be paid within 24 months following the registration of the company. Payment schedule can be arranged in the articles of association of the company or determined by the board of directors.

Joint stock companies may issue registered and bearer shares to represent the shares. They can also issue bonds and similar debt instruments.

A limited liability company is a company whose capital is determined and divided into shares and who is responsible for its debts only with its assets. A single partner limited liability company can be established. The number of partners shall not exceed fifty. Limited company partners can be real persons or legal entities.

The main capital of the  limited liability company is at least 10,000 Turkish Liras. Bearer shares cannot be issued in limited companies. The limited liability company has two organs, the general assembly and the board of directors.

The collective company is established with at least two partners. Each of the company’s partners has the right and duty to manage the company separately. However, management works may be assigned to one, several or all of the partners by the articles of association or by the decision of the majority of the partners. Only real persons can be partners in the collective company.

Ordinary Comandit company is a private company, while the commandit company, whose capital is divided into shares, is a capital company. A commandite company may be formed by at least two persons, one known as a commandite (unlimited liability) partner and one known as a commandite (limited liability) partner.

Cooperatives are variable partnership and variable capital partnerships established by real and legal persons in order to provide and protect certain economic interests of the partners and especially the needs of their profession or livelihood by contributing labor and money through mutual aid, solidarity and surety. Each shareholder undertakes at least one and at most five thousand shares. The value of a partnership share is 100 TL.

Establishment Phases

Users start the company establishment process by creating a free membership on the web page of MERSIS. While creating a company contract in MERSIS, Turkish citizens can be added as partners or authorized with their identity numbers and foreigners with their passport numbers. However, foreigners must first obtain a tax number from the tax office and apply to the trade registry office and register themselves with MERSIS.

2. The signature declarations of the company officials must be prepared by approving the signatures of the persons authorized to represent the company on behalf of the company title by the competent authority. In Turkey, this process is carried out at any trade registry office.

3. Payment of the cash capital with the share of the competition authority. 0.04% of the company capital must be deposited in the bank account of the said institution as “Competition Authority Share”. You do not need to go to the bank for this process. Like other establishment transactions, this amount can be paid at the trade registry office.

4. Application to the Trade Registry Office for registration

Upon the application of the founders to the registry office with the relevant documents, the trade registry office completes the registration process.

In addition, in the establishment of the cooperative with joint stock and limited liability companies, the commercial books to be kept by them are approved by the trade registry office and given to the relevant person after registration.

You can contact us if you want to get additional information.

Author of the text: Doruk Arslan

MERSIS Registration System Application

MERSIS Registration System Application can be used for purposes such as application, change application, structure change, follow-up of ongoing applications. To set up a company using MERSİS, you need to click the Organization Application button and select one of the company types in the list that will appear. This company may be Joint Stock Company, Limited Company, Commercial Enterprise, Branch, Collective Company, Commandite Company, Equipping Affiliate, or Cooperative.

Incorporation: Depending on the type of company selected according to the company type and subtypes field, if there is a subtype, it is automatically brought by the system. Depending on the type of Joint Stock Company, subtype selection is made: Number of Shareholders More than One Joint Stock Company, Single Shareholder Joint Stock Company, “Province-District” where the organization will be made, “Tax Office” of the organization and Trade Registry Directorate (relevant TRD).

If the establishment will be established in the structure of a joint stock company subject to the permission of the Ministry, the transaction is made by ticking the box subject to the permission of the Ministry.

Once you have filled in all the fields, you can access the organization operations menu. In this menu, the fields of Joint Stock Company Shareholders, Real Person Shareholder / Partner, Legal Person Shareholder/Partner, Unregistered Legal Person Shareholder / Partner and Description of the Organization (Not Mandatory) can be entered.

When Add button is clicked in Real Person Shareholder /Add Partner section, TR Identity Number – Identity Card Serial and Number are entered for Turkish citizens from the screen opened. Access to the contact information is provided by pressing the Inquire button from KPS and Real Person Shareholder registration is completed with the Save button. In this way, for Shareholders; If the Joint Stock Company Sub-type is not a single shareholder, more than one entry can be made.

For foreign nationals, Foreigner Shareholder Registration transactions are made by using the options with Passport No and Blue Card/Foreigner Identity No.

In order to add the Legal Person Shareholder or Partner to the legal persons registered in the MERSİS application through the system; MERSİS No, Trade Registry / File No, Title or any of the Country fields are entered and queried with the Search Company button and the person to be added as the Legal Person Shareholder / Partner is selected from the data to be listed with the + button and registered in the system.

If Joint Stock Company Shareholders, Business Name is available or reserved from the Title menu, the system will give a warning. If there is a description of the title, it can be saved in the system. Address information is accessed via UAVT data with Add/Change button. Organization address is entered. This menu contains Address information.

Purpose and subject, purpose subject of the company to be established is added through this menu. This transaction and the record of the transaction are made and recorded through the Add / Edit button.

NACE Code. It is a reference source for the production and publication of statistics on its economic activities in Europe. According to what activities they perform NACE coding, businesses are given a 6-digit code. Within the scope of EU harmonization studies in Turkey, the Nace code application has also started to be used.

Determination of NACE Code

The activity code of the chamber member and accordingly the occupational group are determined according to the declaration of the financial advisor during the establishment. In the following years, the highest turnover of the member from the activities carried out in the previous year will be updated according to the declaration given to the Ministry of Finance by the financial advisor.

The Capital menu contains the buttons whether the total capital (TL) is established by accepting the registered capital system and whether you want to divide the Capital into Groups.

Registered Capital Disclosure:

Description of Registered Capital in the system by Registered Capital Entry. The registered capital description appears with the Add/Edit Button.

Share Menu and Operations. Shareholder share distribution transactions should be made within the scope of the capital information entered. In this context, transactions are made on the Share page. On the page that opens, company shareholders (Real-Legal-Foreign Legal) are seen. The Capital Information Entry dialog is displayed with the Make Distribution button seen in the relevant line in the shareholders field. In the said dialogue, Total Capital, Cash Capital, Number of Registered Shares, Number of Bearer Shares, Number of Shareholder Preferred Shares, Number of Shareholder Preferred Shares, Paid-in Capital, If the Shareholder has the same Capital, the entry is made as in- kind capital sample.

Share group information entry for shareholders is made through the ” Make Share Group Distribution ” button. In the opened dialogue, the name of the capital share group, the number of registered shares, the number of bearer shares, the number of privileged shares (if available in the share group). Entries are made according to the information in the dialogue and the transaction isrecorded. Share Menu operations are completed.

Company Time information. On the page opened through the Company Time menu, click the Add/Edit button to enter the time information from the dialog opened and register. If the company is to be established indefinitely, you need to check the “indefinitely” box.

Board of Directors/Authorities Menu:

Board of Directors information should be entered for joint stock company establishments. Press the Authorized button of the Board of Directors. Enter the number of members of the Board of Directors and the duration of the Board of Directors by clicking the Edit number of members and duration information button on the page that opens. In the field that determines the number of members, one of the options of at least the number of members, the number of full members and at least 1 member is selected.

Shareholders are added to the Board of Directors as members by clicking the Add member button. Natural person, Legal person and Foreign Legal person.

Administration and Representation Menu of the Company. Information about the Company Administration and Representation is automatically entered by the system in the Company Administration and Representation Menu. Edit can be done on the text via Add Edit button.

General Assembly Menu:

General Assembly information is automatically entered by the system in the General Assembly menu. Edit can be done on the text via Add Edit button. Company Ad Details are automatically brought in the Ad menu. Edit can be done on the text with the Add Edit button. Enter the Company Account period information in the Account Period menu. Click Add/Edit button and check the Special Account Period box. In the profit-loss menu, the company profit-loss information is automatically brought. In the reserve fund menu, the reserve fund information of the company is automatically displayed.

Documents are only uploaded in PDF format and documents that do not exceed 5 MB in size can be uploaded. Documents of different types and exceeding 5 MB in size are prevented from being uploaded by the system. The document upload process is terminated by pressing the browse button and transferred to the system with the upload button.

When Tax Number button is clicked, Potential tax number retrieval screen will be opened. The tax number to be determined by the system is brought to the screen by pressing the Get Potential Tax Number button. Although the potential tax number could not be obtained, or in order to enter the manually received tax number, the system has also allowed manual entry.

Process operations

In the next stage, the process selection process is performed. TRD Process – Notary Process – E Signature Process, (selections will change according to company types.) In the process selection, the authorities are displayed and if the contract will be signed with e signature, E signature procedures are completed and the next stage is proceeded.

Submitting transactions for request registration approval At this stage, the request is sent to the approval of the trade registry directorate with the submit for approval button or to the approval of the organization according to the company name.

Do you want Paid Pre-Check on request? By clicking on the box, the request can be sent for pre- checking before. Pricing messages are shown depending on TRDs as information messages.

Do you want a paid pre-check? By clicking on the box, the request can be sent for pre-checking before. Pricing messages are shown depending on TRDs as information messages.

THE CRIME OF ENTERING THE INFORMATION SYSTEM

Today with effect of technological progress, most of our important information’s stored at our computer systems. Because of this progress, security of this computer system much important than it was in past. Although certain measures are taken for the security of these channels and our privacy, these measures are not sufficient from time to time. This security problem makes IT law important nowadays.

There are some arrangements, for the uninterrupted continuation of the information system we have developed and protect privacy of IT systems which was build for job or haveseparate way of usage, In the Turkish Penal Code No. 5237, Regulation of Broadcasts on the Internet No. 5651 and Law on Combating Crimes Committed by This Broadcasts.

In addition, there are norms related to the IT law legislation in various laws. Besides all this regulations people using the information system want to feel themselves in safety by several ways. Foremost among these methods are methods such as frequently renewing the password, not using unsafe websites, and anonymizing the user identity by using a proxy. And we can count methods like Firewall or dealing with cyber security company as a more professional method. But still these methods not always can stop professional hackers.

Hackers are people who enter our information system without our consent and sometimes steal our information, lock or change our system or make it unusable. Hackers may have targeted person individually or person may have been targeted in a mass hacking process and persons information may have been stolen. At this point data at information system may be stollen or privacy may be in danger. The crime and sanction related to this situation are regulated in Article 243 of the Turkish Penal Code.

Article 243 of Turkish Criminal Code No. 5237

(1) Anyone who illegally enters or remains in the whole or part of an information system is sentenced to imprisonment of up to one year or a judicial fine.

(2) If the acts defined in the above paragraph are committed about the systems that can be used for a price, the punishment to be imposed is reduced by half.

(3) If the data contained in the system is destroyed or changed due to this act, a prison sentence of six months to two years is imposed.

(4) A person who unlawfully monitors data transmissions within an information system or between information systems, without entering the system, through technical means, is sentenced to imprisonment from one year up to three years.

Material Elements: Entering/infiltrating the information system or staying there for a while without permission/illegally

Moral Element: İntent Period of Limitation: 8 years, (6-month statute of limitations due to complaint is not applied.)

In addition to the elements listed above regarding this crime, there should be no reasons for compliance with law. For example, consent of the person is a compliance with law. For this crime to occur, an information system must be hacked, as the informatics world puts it. This entering the system should be without permission/unlawful and with intent.

The point which discussed about this is crime is if someone instantly infiltrated the system but not staid there, is crime committed or not? Some jurists think that instant infiltrations will not be the subject of this crime. At this point we can say that when we look at justification of this clause, we can see that instant infiltrations also will constitute this crime no matter how long criminal stayed there; ‘In the first paragraph of the article, illegally entering or staying in the whole or part of an information system has identified as a crime. It does not matter whether the person who entered the system illegally acted to obtain certain data or not. The fact that the system has been entered unfairly and deliberately is sufficient for the crime to occur.’

[Turkish Criminal Code 243 Justification (in Turkish)

https://mevzuat.tbmm.gov.tr/mevzuat/faces/maddedetaylari?psira=18779]

Another point of discussion, will attempt occur for this crime or not? We think that provision of attempt regarding this crime can be applied. Because if person want to enter the information system but can not because of the dynamics of the informatics world and because of this did not fully commit the crime. Then person should be judged because of the attempt to Turkish Criminal Code clause 243.

At the stage of complaint to the prosecution first we should identify the identity of hackers. This determination is provided by the service providers through the IP number and address information. But sometimes they don’t share this IP number and address information. In such cases, unfortunately, the desired results legally may not be obtained.

On the other hand, considering the importance of information systems nowadays and its relevance to the privacy of the individual, we can easily state that the sanctions stipulated in the law regarding this crime are insufficient. In this respect, we argue that cybercrimes and sanctions should be reorganized in a more comprehensive way.

Legal Intern Haldun Barış

Bibliography

1- Turkish Criminal Code article 243 law’s preamble

https://mevzuat.tbmm.gov.tr/mevzuat/faces/maddedetaylari?psira=18779

2- KARAKEHYA, Hakan, TÜRK CEZA KANUNU’NDA BİLİŞİM SİSTEMİNE GİRME SUÇU, Turkey Bar Association Magazine, http://tbbdergisi.barobirlik.org.tr/m2009-81-498

3- BİLİŞİM SİSTEMİNE GİRME SUÇU NEDİR? (TCK 243), https:/barandogan.av.tr/blog/ceza-hukuku/bilisim-sistemine-girme-sucu-cezasi-nedir.html

4- BİLİŞİM SİSTEMİNE GİRME SUÇU TCK 243, https://mihci.av.tr/bilisim-sistemine-girme sucu/

Matters That Need To Be Considered In Contracts Are As Follows

Matters that need to be considered in contracts;

Identification of the Parties in the Contract

This topic may seem easy in first look but in practice lots of mistakes are made about this. If the parties of the contract are natural persons, T.C. identify number, their contacts and copy of their identity should be added to the contract. On the other hand, if parties of the contract are legal entity; copy of authorized signatures list, MERSIS number, tax register and trade register numbers, contact information`s, tax plate should be added to the contract.

If the parties of the contract are ordinary share than we should write the participants of the ordinary share one by one. Because ordinary shape does not have legal entity, so parties of the contract not the legal ordinary share but the partners who create a partnership. One more partnership which do not have any legal entity is community of heirs.

So, if at least one party of the contract is community share we should also print name of participants one by one.

Research of Power of Attorney

Within the commercial companies, there are people who represent them and hold the signing authority on behalf the company. It should be checked who the representative of the commercial company which is a party to the contract , and a circular of signature must be requested from the person in question. Signature circular is a certificate of representation. The important points which we should double check on the signature circular is company giving the authority to represent, authorized person for signature, scope of authority and validity period.

Signature

We can divide contracts in two groups contracts that imposes obligations on both parties and unilateral contracts. For example, trade contract impose obligation to pay on the one side and obligation to give the goods to the other. And we can exemplify unilateral contracts with deed of gift. So, in this case we should first identify with which group of contracts we deal with. If the contract in question is a unilateral contract than only signature of the obliged is enough. But if contract in question imposes obligations on both parties, we should have signs of both sides on the contract. As a rule, signature should be made by hand, but it also can be an electronic signature. Electronic signature, cannot be used in legal transactions subject to official form or a special ceremony, guarantee contracts, receipts, warrants, issuance and endorsement of bills of exchange.

Definitions in Contracts

Sometimes we see that some concepts are specifically defined in contracts. When the contract is examined by a third party, it can be easily seen that the parties have agreed on a definition with a common will. Sometimes the concepts put into contracts can be used outside of their general meanings.

Subject of the Contract

In this topic firstly we should have a word about legal characteristic. Legal characteristic is the criterion taken as a basis when determining which legal rules will be applied to the legal relationship in question. The subject of the contract is important in terms of determining the legal characteristic of the contract. In the subject part of the contract, the main acts undertaken by the parties should be explained. For example, in trade contract two main obligations is make the payment and supply the goods.

Debts of the Parties

Of course the basic principle in contracts is freedom of contract. Everyone is free to determine the party, content and conditions of the contract. But a mistake made while determining the debts can invalidate the contract. Firstly contract can not be contrary to law, contarct which was made unlawfully invalid as a rule. And aslo debt of the creditor in contract should not be impossible. For example nobody can make a contract about buying

Van Gogh’s next painting. Because Van Gogh pasted away years ago there will not be the next painting so performance of the contract is certainly impossible and thats why contarct will be invalid. Also contract cannot be contrary to personal rights. Nobody can make a contract about working 24 hours a day, cause this contract contrary to persona rights even if parties will sign the contarct like this it will be invalid. And for last, contract can not be contrary to morals.

Interest Rates

In fact, we can define interest as the rental price of money. Considering the period in which the interest was born, we can divide it into two groups; default interests and principal interest. Principal interest is the interest paid during the deprivation of money by the creditor. Default interest is the interest that has fallen into default and started to accrue against the debtor when the performance is not fulfilled on time, despite the time for performance.

While default interest can be charged to principal interest, as a rule, default interest cannot be charged to default interest. There is exception for this rule in eightg article of Commercial Law of the Republic of Turkey.

Determination of Interest Rate in Commercial Business

Basic rules which stated in Comercial Law of Turkey Republic are; free determenation of interest rates in commercial business (article 8), implementation of the provisions of the relevant legislation on principal and default interest (article 9), considering the business regulated in the commercial code as commercial business even if it does not concern a commercial enterprise and considering all legal transactions and acts concerning a commercial enterprise as commercial business. İf one partie of the contract is consumer, in other words if consumer make a contract outside of his professional or commercial activity, even if other partie is trader this contract should be caunted as consumer affairs. Because of this in this kind of situation the articles of the Law on Consumer Protection are applied with priority.

Current Legislation Regarding Principal Interest Rate

If parties not specified rate of principal interest in contract, current rate which stated in certain code will applied. If principal interest rate will determine by the contract, rate can not be more than 50% than rate stated in Law on Statutory Interest and Default Interest in Turkey.

In commercial affairs, if the principal interest rate is not determined in the contract, the principal interest will still be applied as 9%, the periodic rates determined by the Central Bank regarding the advance interest are considered in the calculation. Whether the rate of principal interest not determined in the contract, parties can determine rate 13.5% mostly. Rate over than 13.5% will be invalid.

Current Legislation Regarding Default Interest Rate

Unless otherwise stated in the contract, for noncommercial business default interest will be 9%. Default interest rate which will be applied for commercial business, the interest rate applied by the Central Bank for advance interest is applied as 15.75% since 31.12.2021.

According to the Law on Statutory Interest and Default Interest, if Central Bank make change in short-term advance interest middle of the year and difference between old rate and new rate at least five-point new rate will apply immediately. If difference between rates less than five points than old rate will apply until end of the year

Limit on Default Interest

If default interest rate does not specify in contract then rate which stated in Law on Statutory Interest and Default Interest in Republic of Turkey will be applied. The annual default interest rate to be determined in the contract cannot exceed one hundred percent of the annual interest rate determined in the legislation.

If we talk about the default interest in non-commercial business, if there is no such clause in the contract, the default interest is calculated as 9% per annum. If parties stated annual default interest rate in contract, this rate can not be over 18%. If parties stated default interest rate more than 18%, part which more than 18% will be invalid.

Who Will Pay Taxes and Other Expenses?

According to Stamp Tax Law 3 Clause, the signer of the contract is responsible for stamp duty. If stamp tax not paid then person who presented the contract to authorities for any process responsible for stamp tax. If the contract is changed, and the contract value increases, the increased amount is also subject to tax at the same rate. If contract will convey, then tax is charged at the rate of 4/1 of the tax collected. And finally, in case of extension of the contract, the same rate of tax is charged.

What Should Be Considered While Determining Penal Clause?

The penal clause is a condition that the parties can add to the contract in order to pay a certain amount of money to the creditor as a result of the debtor’s failure to fulfill or fail to fulfill the obligation undertaken. If judge find the penal clause overrated than he may reduce the price which stated in penal clause. The existence of the damage not a condition for take a payment based on penal clause.

Turkish Code of Obligations at clause 179 stated that if there is no proper performance, the performance of the debt or the penalty may be demanded. This rule is not mandatory so if there is clause at contract penalty and performance of the debt may be demanded at the same time.

How to get citizenship without money?

How to get citizenship without money?

There are different ways to obtain Turkish citizenship (except for birth from Turkish parents).
The quickest and easiest way to obtain citizenship to foreigners investing large sums
money in the economy of the Republic of Turkey. To provide fifty Turks with jobs, purchase
real estate in the amount of from 250,000 US dollars, establish a company with registered
capital of more than 500,000 US dollars and other ways to quickly apply for obtaining
citizenship in an exceptional manner.
However, you can obtain citizenship in other ways (without money). Below are some of them:

  • Marriage with a Turkish citizen. A foreigner who has been married to a Turkish citizen for three years or more may apply for citizenship. It is worth noting that the marriage must be real, not fictitious – this is strictly monitored by the relevant authorities.
  • Official employment in Turkey. An alien residing in the territory of the Republic of Turkey on a residence permit based on work of five years or more has the right to apply for Turkish citizenship. It is necessary to pay attention to the moment that in order to hire a foreigner, the employer must fulfill a number of conditions stipulated by Turkish law. In particular, employ a certain number of Turkish citizens
    (five officially employed Turks for every foreigner). Also, the employer does not have the right to hire a foreigner to work for a minimum fee. The salary of a foreigner must exceed the minimum at least one and a half times (different professions have their own standards).
  • Studying at a Turkish university.The years that a foreigner lives on a student residence permit are protected as the length of stay in the country if, after graduation, the foreigner transfers to one of the permanent residence permits (work, family or real estate residence permit). In total, the period of residence in Turkey (student + permanent) should be five years or more.
  • You can also obtain Turkish citizenship by purchasing real estate in Turkey and having lived in it for more than five years. This is not a way to acquire Turkish citizenship without money, but it is quite possible to find an apartment at an affordable price. Before making transactions on the purchase of real estate, it is advisable to obtain legal advice, lawyers of the Seyhan Law Office have many years of experience in this field.

Employment in Turkey

The right to employment is protected by the Constitution of the Republic of Turkey and the laws. Foreigners are also entitled to employment, but this requires a work permit.

Minors under the age of 15 cannot be hired in Turkey. Employment of minors between the ages of 15-18 is regulated separately, for them there are some restrictions prescribed by law. The Turkish state is harsh on the implementation of these rules.

Obtaining a work permit

A foreigner residing in the territory of the Republic of Turkey must obtain a permit in order to start working. There are exceptions for foreigners with refugee status or who are under secondary protection. These persons may work without a work permit from the moment they receive the corresponding status.

The body issuing the work permit is the Ministry of Labor and Social Protection. An application for permission can be submitted from within the country and from abroad. The application is submitted through the employer.

In the event that you want to apply for a work permit while being outside of Turkey, you need to contact the diplomatic mission of the Republic of Turkey in the country of your citizenship or permanent residence. You need to submit to the representative office an Employment Agreement that you have signed with the employer.

Advantages of Turkic nationality

What are the advantages of Turkic nationality for foreigners living in Turkey?

First of all, in the issue of employment. There are a number of professions prohibited for foreigners. Such as:

  • Dentistry, patient care (Code No. 1219 “On the Medical Art …”)
  • Pharmaceutics (Code of Pharmacists and Pharmacies)
  • Veterinary science (Code of the Structure and Activities of the Association of Veterinarians and Veterinary Chambers)
  • Responsible directorate of private hospitals (Code of Private Clinics)
  • Legal profession (Code of Advocacy)
  • Notary (Code of Notary)
  • Private security (Code No. 5188 on Private Security Services, Article 10)
  • A number of maritime professions (Code of Cabotage)
  • Customs brokerage (In accordance with article 227 of Code No. 4458 on Customs)
  • Tour guide (In accordance with article 3 of Code No. 6326 on the Profession of a tour guide)

Employment of Turkics

However, there are exceptions for foreign citizens with Turkic nationality, according to Code No. 2527 on Employment of Foreign Citizens of Turkic Nationalities.

The purpose of the adoption of this Law is to allow foreigners of Turkic nationalities to freely engage in professional activities in areas where there is a need for personnel. To give the opportunity to work for foreigners of Turkic nationalities in state and private organizations, with the exception of the Armed Forces of the Republic of Turkey and the public security organs.

Persons of Turkic nationalities are free to find jobs in professions prohibited to other foreigners. For example, they can become lawyers. However, in any case, it is necessary to obtain a work permit for employment.

Additional Information: Previously, Turkic nationality gave advantages in obtaining Turkish citizenship. Foreign Turks could live only two years to apply for citizenship. However, this article lost its legal force in 2010 and more is not provided.

To take advantage of the Turkic nationality, a foreigner needs to be registered in the register of foreigners. ДTo do this, contact the City Office of Population and Citizenship or the District Office of Population at the place of residence.

Recognition and enforcement of decisions of foreign courts in Turkey

Recognition and enforcement of decisions of foreign courts in Turkey

Throughout the XX century. in many countries, private international law has been comprehensively codified.
The state has a desire for a single legal act containing fundamental provisions in the field of private international law. This has formed a modern trend in the development of this branch of law. Its essence lies in the separation of private international law as a branch of law.

The example of the Republic of Turkey in this area is of particular interest. Due to the fact that two very successful codifications of private international law have already been implemented in this country.

In particular, in 1982, the Law on Private International Law was adopted, which was in force from November 20, 1982 to December 12, 2007 and was the first legislative act to codify private international law in Turkey. And in 2007, it was replaced by the Code of Private International Law and the International Civil Procedure (hereinafter referred to as the Turkish Code of 2007), a comprehensive codification act covering the definition of competent law applicable to civil, family, labor and other private law relations, issues international civil litigation and commercial arbitration. Currently, the provisions regarding the recognition and enforcement of foreign judgments are governed by chapter II of the 2007 Turkish Code.

First of all, it should be noted that the recognition of foreign judgments as final must be confirmed by a Turkish court. A foreign court decision has no legal force in Turkey. It receives it only insofar as the procedural legislation of the Republic of Turkey allows the recognition and enforcement of such a judgment. However, for this it must meet the requirements. First, recognition and enforcement of a decision of a foreign court occurs only if the foreign decision is made solely by the court. Secondly, a recognized decision should not be made on criminal law matters, otherwise enforcement is rejected.

At the same time, a decision on enforcement may be claimed in accordance with the provisions on personal rights provided for in a sentence in a criminal case of a foreign court (clause 2 of article 50 of the Turkish Code of 2007); thirdly, the decision must be final in accordance with the law of the court that issued the decision. This means that a foreign court decision that has entered into force is binding on the parties of the dispute. and cannot be reviewed either in substance or in procedure. At the same time, it should be borne in mind that they do not have signs of finality and are temporary in nature of a court decision to seize property, as well as other interim measures. Also, decisions on bankruptcy issues cannot be considered final, since they do not resolve the dispute between the parties on the merits.

The right to demand the enforcement of a judgment is granted to any person who has an appropriate legal interest.

The compulsory recognition and enforcement in Turkey of judicial decisions made in civil cases by foreign courts and which are final by the law of the place of consideration of the case is carried out by decision of a competent Turkish court. As indicated in Art. 51 of the Turkish Code of 2007, the competent courts for the settlement of disputes on enforcement are the courts of first instance:

1) at the place of permanent residence in Turkey of the person in respect of whom enforcement is required;

2)
at the place of usual residence, if there is no place of permanent residence;

3)
Ankara, Istanbul or Izmir, if there is no place of permanent or usual residence in Turkey.

In accordance with Art. 52 of the Turkish Code of 2007, the enforcement of a court decision may be requested by submitting a written request with the attached copies in the number of copies corresponding to the number of persons of the opposite party.
In this case, the application must contain the following information:

1)
name, surname and address of the person requiring enforcement, the opposing party and, if available, the legal representative;

2)
name of the state in which the decision requiring enforcement was issued, name of the court, date, number and summary of the decision;

3)
if partial enforcement is required, then this part of the judgment.

The following documents must be attached to the application for enforcement (Article 53 of the Turkish Code of 2007):

  1. the original of the court decision duly certified by the authorities of the country or a copy of the court decision certified by the judicial authority that issued this decision and its certified translation;

2) a statement or a document duly certified by the authorities of this country, certifying that the decision is final, and its certified translation.

Article 54 of the Turkish Code of 2007 lays down the conditions for the enforcement of a foreign judgment. In particular, a court with jurisdiction shall decide on the enforcement of a judgment, provided that:

  1. there is a reciprocity agreement between the Republic of Turkey and the state in which the judgment was issued, or provisions of law or practice allowing the enforcement of judgments handed down by Turkish courts in that state. 
    This condition means that for the recognition and enforcement of foreign decisions it is important not so much to have an international treaty as to observe the principle of reciprocity. Reciprocity should be based on national law or the practice of a foreign state that recognizes and enforces decisions of Turkish courts. The reciprocity between the Turkish state and the state whose court ruled may be ensured by the provisions of international conventions, the norms of Turkish law or the application of “de facto” (“in practice”, “in fact”).
    So, for example, on December 15, 1997, in Ankara, an Agreement was signed between the Russian Federation and the Republic of Turkey on the mutual provision of legal assistance in civil, commercial and criminal matters, which, however, has not yet entered into force.

Wherein.

Moreover, in Art. 19 of the Agreement, it is indicated that the parties agreed to recognize and enforce judicial decisions in civil and criminal matters regarding compensation for damage, and duly approved arbitral awards, as well as the possibility of recognizing decisions regarding personal status, if they handed down before the entry into force of the contract. Thus, we can say that between Russia and the Republic of Turkey there is the possibility of mutual recognition of decisions. But only on issues of personal status of citizens on an extremely unusual basis – an unpublished international treaty that has not entered into legal force;

2) the court decision was made on a matter that is not in the exclusive jurisdiction of the Turkish courts or has not been made by a court that has lost its jurisdiction, although it is not directly related to the subject matter or to the parties, provided that the defendant objects to its validity.

This condition implies that in some cases the Turkish courts have exclusive powers to examine the merits of the dispute and in such cases the Turkish court will be the only competent court;

3) the court decision is clearly not contrary to public policy.

Currently, the Turkish legislator is operating with the term “public order” that is customary for private international law. However, it does not disclose its content, which is due to the possibility of changing the content of this category in temporal and spatial contexts.The Turkish legislator uses such evaluative language. Such as “clearly contradictory” and “if deemed necessary”, which allows various interpretations of this category depending on the discretion of the law enforcer. In this case, the legislator provides the prerogative of the interpretation of the concept of “public order” law enforcement practice and doctrine. For example, one of the most successful definitions was proposed by the Supreme Court of Cassation, which in its decision of May 6, 1998 (that is, even before the adoption of the Turkish Code of 2007) made an attempt to outline the general framework of the “public order” category, meaning him “events that seriously contradict or undermine the rules of morality and honesty, the basic principles and values ​​of law and society, justice, understanding of morality and fundamental rights provided for by the Constitution”.

The next step in this direction was taken by the Turkish Supreme Court of Cassation in 2012.

Referring to Art. 54 of the Turkish Code of 2007. According to this article, one of the conditions for refusing to enforce foreign judgments is the contradiction of their enforcement of public policy.The court tried to answer the question whether the lack of a reasoning part in the decision of the foreign court violates Turkish public order, and gave a negative answer. According to the peremptory norm of Turkish law, the court decision must contain a reasoning part. However, the lack of such in a foreign court decision does not automatically make it contrary to Turkish public policy.

Despite the fact…

4) Despite the fact that the person in respect of whom the enforcement of the decision is required.In violation of the right of this place, it was not duly summoned to the court making the decision, or was not properly represented in this court, or because of his failure to appear, an absentee decision was made, or the court decision in his absence was made in violation of these laws, and this person It did not raise objections on these grounds in a Turkish court regarding the enforcement of a decision. This norm is almost unique.

The universally recognized requirement for the recognition and enforcement of foreign court decisions is their compliance with the law of the place of issuance and proper notification of the defendant of the time and place of the trial. The Turkish legislator does not present such requirements: a refusal of recognition and enforcement is possible only if the interested person himself raises objections on these grounds in a Turkish court.

Thus, the 2007 Turkish Code provides a limited and exhaustive list of conditions for refusing recognition of foreign judgments.

The consideration of the requirement of enforcement and the issuance of an appropriate decision is regulated by the general rules of procedural law of Turkey (clause 1 of article 55 of the Turkish Code of 2007). In this provision, Turkish law enshrined the use of “lex fori” (“law of the court”) as a procedural imperative. The court may decide that the decision is enforceable in whole or in part. Or that the claim is not subject to satisfaction, which is indicated in writing in the final part of the decision of the foreign court, sealed and signed by the judge (Article 56 of the Turkish Code of 2007).

An appeal of decisions made in respect of recognition and a demand for enforcement or refusal of execution is carried out in accordance with the general rules, in particular, such an appeal suspends the execution of a decision (clause 2 of Article 57 of the Turkish Code of 2007).

Paragraph 1 of Art. 57 of the Turkish Code of 2007 establishes that a foreign court decision in respect of which a decision was made on enforcement is enforceable as a decision made by Turkish courts, that is, a foreign decision acquires the properties of a national court decision.

In accordance with Art. 59 of the Turkish Code of 2007, a foreign court decision comes into force from the moment when it becomes final.

COMMERCIAL AND CORPORATE LAW

Engagement in Turkish law. Part 2

In this part we will analyze the consequences of termination of the engagement agreement. If the engagement ended in the marriage of the engaged, then from that moment the articles of the Civil Code governing the institution of marriage apply to them. If the engagement was terminated due to the death or missing one of the engaged, the only consequences will be the return of the gifts and the release of the other party from all the obligations imposed by the engagement. In general, in any case, in the event that the engagement ends, except that it ends with a legal marriage – gifts are returned.

Refund is also necessary in cases of termination of the engagement agreement by agreement of the parties and in the event of the impossibility of marriage and termination of the engagement unilaterally (it does not matter for valid reason or not). However, if the engagement is terminated unilaterally for an insufficient reason, compensation may be requested.

Property compensation

According to Article 120 of the Civil Code of the Republic of Turkey, the party not guilty of termination of the engagement has the right to demand compensation for its losses associated with preparations for the wedding and the engagement ceremony, as well as losses associated with the status of the engaged and losses that occurred due to the belief of the innocent party in further marriage. Also, reimbursement of funds spent for the same purpose may be required by the parents of the affected party (or persons replacing the side of the parents). The party whose fault the engagement was terminated does not have the right to demand compensation.

Important!

The right to material compensation is inherited, in contrast to the right to compensation for non-pecuniary damage.

What conditions must be met in order to claim compensation? Compensation can only be requested by the innocent party from the party that terminated the engagement without any valid reason or gave a valid reason for terminating the engagement (ill-treatment, betrayal, etc.) If the guilty party has personally terminated the contract, then you can also demand compensation from it. If the engagement was canceled for a valid reason, but without the fault of any party, no party has the right to demand any compensation.

What losses and expenses are recoverable?

The expenses that were committed by the party because of the belief in the validity of the engagement agreement. Engagement ceremony expenses are also included in this category, for example, renting a hall for the ceremony. Also, the innocent party may, on the other hand, demand compensation for losses incurred in order to conclude a marriage and lead a marriage life. For example, renting an apartment in which they were going to live, buying furniture, expenses for a honeymoon. The controversial issue is whether the party who quit the job because of the belief in further marriage can claim compensation.

In particular, in one of its decisions, the Supreme Court is of the opinion that it can. One way or another, it is possible to compensate only those losses that were committed during the period when the engagement agreement was valid (or if the innocent party did not know about the termination of the engagement). Another important condition, costs the Civil Code of the Republic of Turkey Article 2 (honesty rule) should be done within the framework.

Compensation case

If the parties agree on the amount of compensation, then there are no problems. However, if an agreement is not reached peacefully, the party innocent of terminating the engagement may sue. As the defendant party, you can only indicate the party itself due to the termination of the party, it is not allowed to indicate its parents or other persons, but its heirs can be shown as the defendant in the event of the death of the defective party. Also, in the event of the death of the injured party, a lawsuit may be filed by its heirs.

During the trial, you need to prove that the engagement was canceled and if the party itself was the initiator of the break, prove the guilt of the other side. If the defendant has terminated the contract, it will be sufficient for the plaintiff to prove the termination.

For such questions, you should seek qualified help from an attornet. An attorney in Turkey with many years of experience from the Seyhan Law Office provides consulting and lawyer services in different languages, including in English.

first part of the article

A rally in Moscow for the rights of men. Male egalitarian movement

On February 8, 2020, on Saturday, a rally for the rights of men in Russia was held in Hyde Park of Sokolniki Park, Moscow. Several hundred people came to the rally, also among them were women. There was also a correspondent for the Seyhan Law Office.

The opening speech with a list of requirements for the authorities was made by lawyer Anton Sorvachev, an Male egalitarian movement activist and organizer of the event. The speaker went to the public in shackles in order to clearly demonstrate the oppressed position of men in Russian society.

The male egalitarian movement requires equal rights for men, calls on the authorities and the public to pay attention to such problems as male suicides (according to statistics, Russia is first in the world in the number of male suicides), short life expectancy of men, sexist references in the legislation of the Russian Federation, unfair judicial practice (in more than ninety percent of cases children leave to their mothers), unequal reproductive rights, homelessness (the vast majority of homeless people are men) and others.

Representatives of public organizations, bloggers and authors of the Men’s movement also took part in the rally.

* The rally was authorized, all permissions from the authorities were received.