The first issue that the new entrepreneurs should decide on while founding a company, is the type of the company. According to Turkish Commercial Code a company can be established as a proprietorship, a limited liability corporation or a joint-stock company. The documents needed, the capital of the company, the number of the shareholders and their liabilities will be determined according to the type of the contract.

Please contact to our Law Office if you may need detailed information on the documents that should be obtained, the capital of the company, the number of the shareholders and their liabilities.

Generally, the points should take into consideration while founding a company can be summarised as follows:

As a first step, a commercial name should be chosen and this commercial name should be detected through Central Registration System and Turkish Commercial Registry Gazette to find out if the chosen commercial name is in use.

The company location, object and subject should be determined.

All company formation transactions shall be done through MERSİS (Central Registration System).

The company shareholders and their authorizations should be determined.

The capital of the company and the shares of the shareholders should be determined.

The board of directors and the board of supervisors should be determined according to the type of the company.

The articles of association of the company should be drafted on MERSİS, should be checked and notarized.

Following the mediation clause that came into force last year in labour lawsuits, on 1st of January 2019 mediation clause also came into force for commercial lawsuits before filing a lawsuit at the courts. According to the Turkish Commercial Code article 5/A, the commercial lawsuits about debt collections and compensations shall be subjected to mediation. In other words, according to this new legislation, applying for mediation before filing a lawsuit before courts became mandatory.

Within this scope the commercial lawsuits subjected to mediation are as follows:

Lawsuits that are stated as absolute commercial lawsuits according to the Turkish Commercial Code numbered 6102 article 4.

Debt collection and compensation lawsuits about acquisition of assests or enterprises, merger and tranformation of enterprises.

Debt collection and compensation lawsuits arising from noncompetition clauses.

Lawsuits about lend upon pawn

Debt collection and compensation lawsuits arising from publishing contracts.

Debt collection and compensation lawsuits arising from letter of credit and order of credit.

Debt collection and compensation lawsuits arising from commission contracts.

Lawsuits about commercial agents and trader assistants.

Debt collection and compensation lawsuits arising from remittance contracts.

Debt collection and compensation lawsuits arising from storage contracts.

Debt collection and compensation lawsuits related to commercial enterprises according to Intellectual Property Law.

Debt collection and compensation lawsuits arising from the places related to commerce such as stock markets, fairs, exhibitions, markets and warehouses.

Debt collection and compensation lawsuits regarding banks, other loan institutions, financial corporations and lawsuts arising from loan transactions.