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The Contribution of Receivables as Capital in
Commercial Companies
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Att. Tuna Colgar
Introduction
Before we step into the examination of the subject of contributing
receivables as capital to corporations, which has been an issue in dis-
pute since the entry into force of Turkish Commercial Code numbered
6102 (“TCC” or “Law”), it is important to briefly mention what may
be contributed as capital to companies. Article 127 TCC sets forth the
types of assets that may be contributed as capital to commercial com-
panies. In accordance with paragraph 1 of article 127, the following
may be contributed as capital to commercial companies:
“Unless otherwise provided by law, a) Cash, receivables,
negotiable instruments and shares owned by corporations, b)
intellectual property rights, c)movable and any kind of immov-
able property, d) usufruct rights with respect to movable and
immovable property, e) personal effort, f) commercial reputa-
tion, g) commercial enterprises, h) transferrable electronic
media, domain names and signs which are rightfully used, i)
mining licenses and other rights having economic value, j)any
other value which is appraisable and transferable”
As understood from the article, the items listed in the provision are
not listed using the numerus clausus approach. The legislator provides
that values other than the values listed in the above-mentioned article
may be contributed as capital by stating that any such item is apprais-
able and transferrable
1
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COMMERCIAL LAW
43
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Article of January 2014
1
GİRAY Eda (Prof. Dr. KARAHAN Sami),
Şirketler Hukuku, 1nci Bası, p. 113.