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Setting up a company in Türkiye can be a challenge, but it is a rewarding business. Turkey is a country with a growing economy, a strategic location, and a young and skilled workforce.

In recent years, Turkey has made great progress in streamlining the process of starting and running a business, and attracting more foreign investors to its market. In this article, we will discuss the necessary steps to establish a company in Türkiye.

Select company type:

The first step in establishing a company in Türkiye is to determine the type of company best suited to your needs. The most common types of companies in Türkiye are:

A limited liability company

Shareholding company

liaison office

Each type of company has advantages and disadvantages.

The Limited Liability Company is the most common type of company in Turkey and offers protection to the shareholders, as they are only required up to the limits of their shares.

As for the joint stock company, it is a larger company with a higher capital and can be traded publicly.

Whereas, a liaison office is a non-commercial office that can only engage in certain activities, such as market research.

Choose the company name and address:

Once you have decided on the type of company, you need to choose a company name and address.

The company name must be unique and not already registered in Türkiye. You can check the availability of the company name you want on the Turkish Commercial Register newspaper website.

Also, the company must have a physical address in Türkiye where the company will be registered.

Drafting and signing of the Articles of Association:

Articles of Association is a legal document that defines the internal regulations of a company, such as its purpose, management structure, shareholder rights, and responsibilities. The Memorandum of Association must be signed by all shareholders and notarized by the Turkish Notary Public.

Obtaining a tax identification number:

Before registering your company, you need to obtain a tax identification number from the Turkish Tax Office. This number is required for all business transactions and tax returns in Türkiye.

company Registration:

To register the company, you need to submit the following documents to the Turkish Trade Registry:

The Basic Law

Company name and address

Tax identification number

Passport or identity card of all shareholders and directors

Residence permit (for foreign shareholders and directors)

Once the documents are verified and approved, the company will be registered in the Turkish Trade Registry.

Obtaining the necessary permits and licenses:

Depending on the type of business, you may need to obtain additional permits and licenses from government departments. For example, if you plan to open a restaurant, you will need a food service permit.

Open a bank account:

After registering the company, you need to open a bank account in Türkiye to conduct business transactions.

Conclusion:

Setting up a company in Turkey can be a complicated process, but it has become easier with the government’s efforts to streamline procedures. By following the above steps, you can establish a successful business in Turkey and take advantage of the country’s growing economy and strategic location. It is important to seek professional advice from attorneys, accountants, and business advisors to ensure compliance with local laws and regulations.

Intellectual property refers to the rights granted to the creators and owners of original works or inventions. These rights are crucial in protecting the investments and creative efforts of individuals and businesses. In Turkey, intellectual property protection is governed by various laws, including patents, trademarks, copyrights, and trade secrets.

Patents in Türkiye:

A patent is a legal instrument that gives the owner exclusive rights to prevent others from using, selling, or manufacturing an invention for a certain period. Patent Law No. 6769 regulates patent protection. To qualify for a patent, the invention must be novel and industrially applicable.

The Turkish Patent and Trademark Office (TÜRKPATENT) is responsible for granting and registering patents in Turkey. The patent registration process usually takes about 2-3 years, and the patent protection period is 20 years from the date of filing.

Brands in Türkiye:

A trademark is a symbol, design, word, or combination of such elements that identify and distinguish one company’s goods or services from those of another. The Industrial Property Law No. 6769 governs the protection of trademarks.

To register a trademark in Turkey, the owner must submit an application to TÜRKPATENT. The registration process usually takes 8 to 12 months, and the trademark protection period is 10 years from the date of registration. Trademark owners must renew their trademarks every 10 years to maintain their protection.

Copyright in Türkiye:

Copyright is a legal right that protects literary, artistic, musical, and other original creative works. Copyright Act No. 5846 governs copyright protection.

Copyright protection in Türkiye is automatic and does not require registration. The owner of a copyrighted work has the exclusive right to reproduce, distribute, publicly display, or perform the work. Copyright protection lasts for the life of the content creator plus 70 years after their death.

Trade secrets in Türkiye:

A trade secret is confidential information that is valuable to a business and is not known to the general public. Trade secrets can include formulas, processes, or customer lists. Trade Secrets Law No. 6769 regulates the protection of trade secrets.

Under this law, companies can protect their trade secrets by implementing appropriate measures to keep information confidential. In the case of misappropriation of trade secrets, the company can seek legal remedies, such as damages or injunctions.

Conclusion:

Intellectual property protection is crucial in promoting innovation, creativity and economic growth. The legal framework for intellectual property protection in Turkey includes patent, trademark, copyright and trade secret laws. It is important for companies and individuals to understand these laws and take the necessary steps to protect their intellectual property rights. By doing so, they can protect their investment and creative efforts and prevent others from profiting from their ideas and inventions.