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Amendments Made in the New Turkish Commercial
Code with the Law No. 6335
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Prof. Dr. H. Ercument Erdem
The New Turkish Commercial Code (“New TCC”) entered into
force on July 1st, 2012. The Law on the Amendment of the Turkish
Commercial Code and Law on the Entry into Force and Application of
the Turkish Commercial Code numbered 6335 (“Law no. 6335”) is
promulgated by the Turkish Grand National Assembly on June 26,
2012 and published in the Official Gazette on June 30, 2012. In this
article, we shall analyze the significant amendments made in the New
TCC by Law no. 6335.
Requirement to Use a Trade Name
Article 39 of the New TCC which regulates the requirement to use
a trade name is among the articles amended by Law no. 6335. Prior to
the amendment, the second paragraph of the relevant article used to
regulate that the registry number, trade name, registered office, the sub-
scribed and paid-in capital for equity companies, the internet address
and number of the webpage of the merchant shall be indicated in all
papers and documents used in relation to the enterprise of the mer-
chant. Additionally, with regards to joint stock companies, limited lia-
bility companies and limited partnerships divided into shares, the
names and surnames of the chairman and members of the board of
directors, directors and managers should have been indicated. With the
amendments made with Law no. 6335, the expression of “all papers
and documents” is clarified as “commercial letters drafted in relation
to the enterprise of the merchant and the documents on which the reg-
istrations to commercial ledgers are based”. Furthermore, the informa-
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Article of July 2012