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Trade Registry Regulation
*
Prof. Dr. H. Ercument Erdem
Introduction
The Turkish Commercial Code No. 6102
1
(“TCC”) includes general
provisions on the trade registry and registration. Article 26 of the TCC, as
promulgated, stipulates that the trade registry directorate, registry ledgers,
realization of the registration and similar matters shall be regulated
under by-laws. This provision, however, was amended by the Law on
the Amendment of the Turkish Commercial Code and the Law on the
Entry into Force and Application of the Turkish Commercial Code No.
6335
2
(“Law No. 6335”) which was promulgated prior to the entry into
force of the TCC. Pursuant to the amended Article 26, the principles and
procedures governing trade registries and registration shall be regulated by
a regulation prepared by the Ministry of Customs and Trade (“Ministry”)
and issued by the Council of Ministers.
Principles and procedures of the trade registry and registration
compliant with the abrogated Turkish Commercial Code No. 6762
(“Abrogated TCC”) was regulated under the Trade Registry By-Laws
(“By-Laws”). As per Article 42 of the Law regarding the Entry into Force
and Implementation of the Turkish Commercial Code
3
(“Implementation
Law”), until the secondary legislation to be issued pursuant to the TCC
is effective, the provisions of the secondary legislation prepared in line
with the Abrogated TCC, which do not contravene with the TCC, shall be
*
Article of January 2013
1
Official Gazette (“OG”), 14 February 2011, no. 27846. The TCC entered into force on 1 July
2012.
2
OG, 30 June 2012, No. 28339.
3
OG, 14 February 2011, No. 27846.