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COMMERCIAL LAW
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“MERSIS”), established with the Ministry and the Union of Chambers
and Commodity Exchanges of Turkey, where all registration actions
will be carried out and the records, as well as the content of registration
and publications will be stored. The detailed provisions of the By-Laws
governing the registry ledgers to be kept in trade registry offices are not
included under the Regulation. The Regulation states that all ledgers shall
be kept under MERSIS. All commercial enterprises, equity companies
and their branch offices shall be given a specific MERSIS number upon
registration, which is not subject to change. All documentation and
gazette extracts of announcements, which are required to be provided for
registration, shall be kept for an undetermined term in the registry file to
be opened under a MERSIS number and a file number.
The Regulation enables transactions to be conducted via electronic
means with secure electronic signatures. The registry, and all bonds and
documentation kept with the directorate, are accessible by everyone for
examination both via electronic means and at the directorate. Thereby, a
public information center is established with MERSIS.
Other matters, such as transactions made with electronic signatures,
the time stamp and data protection, are regulated separately.
Registration
Pursuant to the Regulation, which has similar provisions to those of
the By-Laws, in principle registration shall be made upon request. All
records and documentation that require registration may be submitted
via electronic means. The Regulation outlines in more detail the matters
which may be registered and persons which may request registration,
based on the type of the commercial enterprise, equity company or the
matter to be registered, which were regulated under general provisions of
the By-Laws.
The Regulation further stipulates that persons requesting the
registration of any enterprise or trade name, legal entities as well as their
signatories, shall provide a letter of undertaking. The signatories of the
undertaking, which must include information such as the enterprise name,
the capital and center of the enterprise, warrant that such information is
true and that otherwise they shall be held liable.