Commercial and Company Law

Commercial and company law (ticaret ve şirketler hukuku) covers the legal framework of doing business in Turkey: setting up and running companies, relations between shareholders, commercial contracts and disputes between merchants. The main source is the Turkish Commercial Code (Türk Ticaret Kanunu).

This area is relevant for local businesses as well as for foreign investors and members of the diaspora who want to open a company in Turkey, take over a family business or hold shares from abroad.

Scope of services

• Formation of limited liability companies (limited şirket) and joint stock companies (anonim şirket)
• Drafting and amending articles of association (esas sözleşme)
• Share transfers, capital increases and changes in management
• Shareholder agreements and disputes between partners
• General assembly (genel kurul) procedures and challenges to resolutions
• Commercial contracts such as distribution, agency and supply agreements
• Collection of commercial receivables and related enforcement
• Liquidation (tasfiye) and closure of companies
• Mandatory mediation (arabuluculuk) in commercial disputes

How does the process work?

1. The business plan or the dispute is discussed and the relevant documents are reviewed.
2. The appropriate company type, contract structure or legal remedy is assessed together with you.
3. Documents are drafted and filings are made with the trade registry (ticaret sicili) or the competent authority.
4. In disputes, the mandatory mediation stage is conducted first where required, followed by litigation before the commercial court (asliye ticaret mahkemesi) if no agreement is reached.
5. Ongoing corporate matters such as general assemblies and registry changes are followed up.

Frequently asked questions

Can a foreigner set up a company in Turkey?

Yes. Foreign individuals and companies can generally establish companies under the same conditions as Turkish citizens. A Turkish tax number (vergi numarası), notarised and translated identity documents and, if you are not present, a power of attorney are needed. Holding shares does not by itself grant a residence or work permit; these are separate procedures.

Is mediation mandatory before filing a commercial lawsuit?

For commercial disputes concerning the payment of a sum of money or compensation, applying to a mediator before filing a lawsuit is a precondition. If no agreement is reached, the case can then be brought before the court.

How are documents from abroad used?

Foreign documents such as passports, company extracts or powers of attorney usually need an apostille (or consular legalisation) and a sworn translation into Turkish before they are accepted by notaries and the trade registry.

For questions about your company or contract, please use our contact page.