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abroad shall be registered as if they are local commercial enterprises,
without prejudice to the provisions of their own national laws related to
the title of a company.
”
Moving the Headquarters of Foreign Companies to Turkey
Turkish law enables the headquarters of a company established
abroad to be moved to Turkey. Pursuant to the Trade Registry Regulation
issued by the Ministry of Customs and Trade, certain documents should be
provided, such as: the documents required for registration of a commercial
enterprise or a commercial company, a document certifying that the
company which will settle in Turkey is actually a registered company in
its country of origin (issued by the related foreign trade registry) and a
document stating that the change of headquarters is in accordance with
the relevant foreign law.
Also, an investigation must be made regarding whether the company
bylaws of the foreign company moving its headquarters to Turkey are in
accordance with and/or are adapted to be in compliance with Turkish law.
Establishment of Branches of Foreign Companies in Turkey
Foreign companies whose headquarters are located abroad may
also establish branches in Turkey in accordance with Turkish Law. The
aforementioned TCC Art. 40, para. 4 shall again be applicable. Pursuant
to this article, the branches of commercial enterprises whose headquarters
are located abroad shall be registered as if they were local commercial
enterprises, and a fully authorized commercial representative who resides
in Turkey shall be appointed for such branches.
Moreover, Art. 12 of the Code on Entry into Force and Application
of the Turkish Commercial Code (Code No. 6103) also regulates the
registration of Turkish branches of commercial enterprises or commercial
companies whose headquarters are located abroad.
Pursuant to Code No. 6103, a number of conditions should be met
in order to register a branch of a commercial enterprise or commercial
company (with headquarters located abroad) in Turkey. Primarily, the
conditions required by the legal system of the country of origin for
registration of branches pursuant to the relevant types of commercial